The Impact of Society on Fiqh (Jurisprudence) with an Emphasis on Imam Khomeini's Ideas

As a traditional-revealed knowledge, fiqh deals with stipulating the duties of the religiously accountable individuals (Mokallaf) and examines individual and social norms. Of course, in addition to the Quran and Sunnah, intellect and consensus are also used in this knowledge. In addition, Shi'i fiqh is a dynamic fiqh, which is in accordance with social conditions and a function of time and space, and thus has the ability to fulfill the changing needs of individuals and societies. This flexibility does not mean ignoring the constant divine rules or secularization. Rather, since divine rules are subject-oriented, and the transformation or removal of a barrier or the fulfillment of conditions in the course of time either remove phenomena from the status of a jurisprudential ruling, or classify them under a jurisprudential ruling, it becomes harder to understand such changes in social issues, and this can lead to petrification and stagnation. After the Islamic Revolution and the activation of fiqh in social areas, it is necessary to examine the impact of society on fiqh. Imam Khomeini's jurisprudential school is important because by drawing attention to the element of time, place and expediency, that are the cause of change in ijtihad, he highlighted the impact of social conditions on understanding the fiqh rulings and determining their instances.