A Prelude to the Theory of Fiqh and Fitrah(Nature)

One of the necessary steps in the expansion of Fiqh is the expansion of its sources. Sources can be expanded qualitatively and quantitatively. Qualitative expansion is concerned with kind of view and conception of sources but quantitative expansion is concerned with the question whether the sources of Fiqh are limited to the present four sources or we can refer to other sources in the inference of religious laws As a long-lasting but neglected companion of intellect, fitrah(nature) is one of the issues that can be considered to find whether or not it can be one of the sources of Fiqh and religious injunctions. The present paper expounds the different scientific and practical functions of fitrah(nature), focusing on three types: anterior, medial and posterior. In anterior function, nature represents a fertile land that prepares the round and foreground for the function and efficacy of the four sources: the Holy Qur’an, the Sunnah of the Prophet, Consensus of fiqhi opinions and Reason. In medial function, nature, inter alia, is placed alongside the mentioned four sources and regarded as a source of understanding some religious teachings. In posterior function, nature is the criterion for the soundness of propositions and inferential religious teachings.