Jurisprudence of the [Social] System in the Scale of Rejection or Possibility
“Jurisprudence of the system” is taken to mean the discovery of main doctrines of Islam concerning various social subjects, though there have been controversies over its possibility or rejection. These controversies have their roots in two approaches to Islamic jurisprudence and Law, ShariÝah. Drawing upon the revisional-analytical method, this article seeks to show not only the strong theoretical foundation of Islamic jurisprudence but also the classification of the objections levelled at this sort of jurisprudence trying to meet the objections against the Jurisprudence of the system and to dispel the misconceptions in this connection. The major objections against the jurisprudence of the system arise from the fact that the existence of such a jurisprudence is difficult to find and that the possibility to arrive at this sort of jurisprudence is in doubt. This article, while exploring the arguments raised for and against this from of jurisprudence, tries to find answers to the objections and to recognize the possibility of the existence of jurisprudence of the system. The results of the studies show that differences of opinions and views in giving a definition for this new realm of jurisprudence result from varying mentalities which have found their ways into discussions on this subject. However, the above mentioned problem seems to be plausible in terms of the correlations and coherence as seen in rulings and the legal validity which is given by the Law-giver to the major religious doctrines.
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