Reviewing the Position of Manṭaqat al-Farāq (gap district) in Systematization of Jurisprudential Legal System(with emphasis on martyr Sadr's Views)

The possibility of systemization based on jurisprudence is somewhat doubtful, but a jurist, with a comprehensive view of jurisprudential rulings, can see a certain order among the judgments. Accordingly, a jurist must follow the jurisprudential rulings in search of the discovery of a system that fulfills the needs of mankind in various fields of social life. This section, which contains fixed elements, can play its role well if it considers the element of flexibility alongside the fixed constants. The manṭagat al-farāq, which is filled up by the ruler, ensures the historical and social needs that may exist at any time. In this way, jurisprudence provides a complete system that can withstand any non-religious attitude. Although mentioned in the works of Martyr Sadr, the explanation of the nature and extent of the manṭagat al-farāq is criticizable. The authors in this essay, with regard to the two domains of authoritative and non-authoritative subjects, have explained the true position of the manṭagat al-farāq and presented a new perspective on this issue.