Evaluation of Individual Jurisprudence and Governmental Jurisprudence in Relation to Legislation

Examining and applying the teachings of the two approaches of individual jurisprudence (Feqhe Fardi) and governmental jurisprudence (Feqhe hokumati) in the "legislative field" and adopting an approach that can activate jurisprudence as a source and implement for management of society, is the problem of the present research. Therefore, the central question of the current research, considering the existence of two approaches of individual jurisprudence and governmental jurisprudence in the field of jurisprudential inferences on the one hand, and the necessity of conforming the law by Sharia standards on the other hand, is that which approach can be used to achieve the purpose of Sharia in Social arena? The claim of the research is that by relying on the teachings of governmental jurisprudence in the legislative status (Maqāme Qānungozaari), it is possible to adopt a suitable position in the direction of implementing the purposes of Shari'a. Therefore, relying on the comparative and analytical method, it is shown that by preferring the teachings of governmental jurisprudence, jurisprudence can be turned into an active actor in the social arena, especially in legislation, and by trusting the approach of governmental jurisprudence in the form of content, the laws of Shari'a can be applied and exerted in the society by "Legislation".