The study of the causes of lack of harmony between Fatwas of Shi’a jurists and the soul of jurisprudent

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

Islam as a comprehensive and eternal Sharia is introduced in Qur’an and Hadiths of the infallibles as an easy taking religion, and several reasons prove this quality of the religion. There is no doubt that the most important parts of the religion which deal with the acts of the people are the jurisprudential laws that are elicited from the early sources by the scholars (Mujtahids) and offered to their followers in the Absence era. In the present time given the long interval between the Fatwas and emergence of the Qur’anic verses and the Hadiths and some other factors, the Islamic jurisprudence especially it’s Shi’a branch has faced difficulties at least in some cases. This difficulty in addition to showing inability of the Islamic jurisprudence to respond to the needs of the contemporary mankind contradicts with the soul of the Islamic jurisprudence that is leniency for the people. The present paper has studied some factors taking effect on the difficulty of some Fatwas of the Imamiah Jurists. The conclusions of the research can help the young clergies and those who are near to reach Ijtihad (scholarship in jurisprudence) to be committed to the soul of the Islamic jurisprudence and remove difficulties of some Fatwas.

Language:
Persian
Published:
journal of Studies of Islamic Jurisprudence and Basis of Law, Volume:13 Issue: 39, 2019
Pages:
5 to 26
https://www.magiran.com/p2048293  
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