The Impact of Theological Foundations on the Question of whether Shari'ah Laws Should Follow or Not Follow the Considerations of Common Good and Depravity

The question of whether Sharia’h laws should follow or not follow the considerations of common good and depravity is an interdisciplinary issue lying at the intersection of theology and jurisprudence. In this regard, the Shiite thinkers disagree with the Ash'arites, who insist on non-following side of the issue. However, Shiite thinkers themselves are not unanimous in their views on this issue. Some put emphasis on the absolute adherence of the laws to the considerations of common good and depravity, and some believe in the relative adherence of the laws to those considerations. What this article seeks to do is to show the impact of the theological principles on the resolution of this issue. To solve this problem, it seems that we should clarify our position toward the four important theological and intellectual bases: essential and legal good and badness; Divine justice, God's purposefulness in actions and the impossibility of preponderance without there being preponderance. By showing how these principles affect the solution of this problem, the author has ultimately taken side with the theory of absolute adherence of the laws to the considerations of common good and depravity.