Detection and Implementation of Shariah in Social Relation
Author(s):
Abstract:
According to Islamic teachings, Shariah is constant for everywhere and every time, but the related social relations are always subject to changes. Thus, in such a situation, how one can claim that Shariah is constant. This article, first, examines the legislative mechanism of Shariah rules in real terms and states that they are constant in terms of their titles. The rules are legislated on the base of these titles and wherever and whenever there is relevance the rule stands true for that title. Hence, there is no contraindication between the development of relations and the constancy of Shariah. These titles include both the primary and secondary rules. By this analysis, it is clarified that there is nothing as the ‘state ruling’ in Islam. The jurisprudent guardian (the Islamic ruler) does not make a new rule. His job is to identify the relations between the title and the relevant rule.Same is the case with the social and macro relations. However, sometimes, there are conflicts between the rules of the macro and social relations on the one hand, and the rules of the individual on the other. The solution to this problem is the method of the traditional jurisprudence. The jurisprudent guardian or the Islamic ruler identifies the titles of social and macro relations with the help of his advisory wing, the expediency council.
Keywords:
Language:
Persian
Published:
Qabasat, Volume:8 Issue: 32, 2004
Page:
147
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