نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The horizon, according to Gadamer's interpretation, is the hermeneutic situation of the interpreter in which they are situated, and based on its exigencies, they engage in the understanding of texts and subjects. Like any interpreter, the faqīh (jurist) also possesses beliefs and presuppositions in the background of the operation of istinbāṭ (deduction) that constitute their jurisprudential horizon, and their opinions and fatāwā (legal edicts) are profoundly influenced by this background. The collection of the faqīh's a priori beliefs in the extraction of the political rulings of the sharīʿah from detailed evidence forms their jurisprudential-political horizon. In this article, the jurisprudential-political horizon of Hashemi Shahroudi and his presuppositions in the process of the istinbāṭ of rulings related to the domain of political fiqh (jurisprudence) have been analyzed based on Gadamer's hermeneutic method. The findings of the research indicate that among his a priori beliefs, four major hierarchically aligned presuppositions are identifiable, which consist of: the belief in the negligible role of ʿaql (reason) in the process of istinbāṭ, the belief in the maximalist realm of political fiqh within the expanse of human social and political life, the governance of maṣlaḥah (expediency) over the ruling derived from the Kitāb (Book) and the Sunnah (Tradition), and the necessity of paying attention to the achievements of modern politics following their Islamicization. The first two presuppositions (which are primarily the product of his jurisprudential and principial teachings and findings in the seminary environment) have shaped his textualist horizon, and the latter two presuppositions (which are the fruit of his encounter with practical politics) have determined his transition from textualism to expediency-centrism.
کلیدواژهها English
