The Relationship between the Enactment of Declaratory Laws Rules and Philosophy

The container of existential matters is different from that of legislative ones. Therefore, the orientation between real science and mentally-posited sciences is essentially different. Islamic Jurisprudence and it is principles (Usul) are considered to be among the mentally-posited sciences while philosophy is considered to be among the true sciences. For this reason, rational premises or rules cannot be used in mentally-posited sciences such jurisprudence and legal theories. Similarly, mentally-posited premises and statements cannot be used in true sciences. In fact, if the issue can be assumed as true, it is possible to use rational rules. When it comes to making declaratory (wad'ei) laws, some scholars are of the view that the enactment of such laws is existential (takvini) while others believe that it is legislative (tashri'ei), and a third group has adopted a middle approach between the two. If the declaratory laws are proved to be essentially legislated, in this case, since the subject is a real matter, it is then possible to make use of real sciences (e.g. philosophical rules) in its issues because the object of the issue is a real not legislative thing.