نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری دانشگاه فردوسی مشهد
2 استاد گروه فقه و مبانی حقوق اسلامی دانشکده الهیات دانشگاه فردوسی مشهد
عنوان مقاله [English]
Purposes of Shari’ah as tools of inferring rulings that play supervisory role over texts pave the way for jurisprudent recognition together with expediency and at the same time, discipline. What is being attended in this article is an approach of purposes to ruling of “enjoining the good and forbidding the bad” as one of the issues of political jurisprudence. In this approach, jurisprudents have ruled the necessary observation of the mildest attitudes for materialization of the two hypotheses as well as sensitive stage of practical action by considering important purposes of Shari’ah like leniency and compromise, security and freedom of men. Besides, the contemporary jurisprudents by taking a more concise look have said it is necessary to separate and prioritize important and unimportant issues in relation to all kinds of enjoining the good and forbidding the bad. The results obtained from this approach in political jurisprudence are included in more concise consideration to good institutions as enforcers of enjoining the good and forbidding the bad which clarify state and popular institutions capacities for enforcing it through recognition and prioritization of all kinds of enjoined good and forbidden bad so that, while achieving its effects, damages resulting from contacts that sometimes violate important purposes of Shari’ah in line with this divine obligation might be avoided.