نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The methodology of non-manṣūṣ (textually unspecified) subjects in political Fiqh (jurisprudence) is of high importance, considering the lack of explicit mention of the majority of subjects in this field in religious texts. These subjects are themselves divided into two categories: subjects inferred from ‘Aql (reason) and subjects inferred from Naql (transmission/text), which, considering the difference in the methodological requirements of each, necessitate separate examination. Accordingly, the present research, with a qualitative approach and descriptive-analytical method, has addressed the examination of the methodological requisites of Ijtihād in non-manṣūṣ subjects inferred from reason in political Fiqh and has ultimately reached the conclusion that the main nexus in the methodology of these subjects is the return of Ḥaythiyyāt Ta‘līliyyah (causal aspects/rationales) to Ḥaythiyyāt Taqīdiyyah (restrictive aspects) in rational rulings. This issue in the subjectology of political Fiqh possesses at least three main requisites: First, the complexity of subjectology in non-manṣūṣ cases inferred from reason actually stems from the difficulty of ruling-ology; such that in political-social issues, considering the multiplicity of variables, the rational discovery of the Shar‘ī (legal/religious) ruling is not easy, and consequently, the identification of the constraints and conditions of the subject will not be possible simply; therefore, the application of reason in discovering the ruling, and subsequently the subject and its constraints, must be performed with maximum precision and caution. Second, in subjects inferred from reason, the authority belongs to ‘Aql, not Naql nor necessarily ‘Urf (custom). Therefore, determining the scope and limits of the subject, the conditions for the realization of the ruling, and the characteristics of the object of the Shar‘ī ruling will all be the responsibility of reason. Third, Ijtihād in recognizing non-manṣūṣ subjects inferred from reason in political Fiqh is a conciliar activity; this process requires expertise in Fiqh and Uṣūl (principles) to explicate the criteria for the rational discovery of the Shar‘ī ruling, as well as expertise in diverse scientific fields—especially humanities—to apply those criteria. In this path, the discovery of the subject's constraints takes place in the form of a trial-and-error process and must be pursued within a dynamic and gradual trend for the reform and optimization of policies.
کلیدواژهها English
