Abstract:
The ethics of belief deals with the moral norms governing the belief and maintenance of mental beliefs. Inferring a jurisprudential ruling is one of the jurisprudence's optional mental actions in the field of believing and maintaining jurisprudential beliefs (rulings). According to the ethics of belief, there are moral requirements to believe in a binding ruling and jurisprudential situation. But what are the requirements and moral principles governing belief in jurisprudence as a voluntary mental process? So far, there has been no discussion with this title and issue about jurisprudential beliefs. In this article, an attempt has been made to capture and introduce several views and general theories about the ethics of jurisprudential beliefs from jurisprudential discussions. Three general views about the ethics of jurisprudential belief can be used from the words of jurists; 1. The virtue-oriented approach emphasizes on the sanctity of ijtihad and considers an inference to be moral and correct, which is in accordance with moral virtues, 2. The duty-oriented approach on the way of human relationship with God, which is in the way of a slave and a conventional master or beyond that (theory of obedience) ) emphasizes and explains the general norm of the ethics of jurisprudence based on this, 3. The last approach is also consequentialist and emphasizes the goals of jurisprudence in setting the general norm of the ethics of jurisprudence.
Machine summary:
Three general approaches to the ethics of juristic belief can be derived from the words of jurists: 1) A virtue-oriented approach that emphasizes the faculty of the sanctity of ijtihad and considers derivation to be ethical and correct if it conforms to relevant moral virtues; 2) A duty-oriented approach based on the relationship between human and God, as a customary servant and master or beyond that (the theory of 1 Assistant Professor of the Department of Ethics, Research Institute of Islamic Ethics and Psychology, Research Institute of Quran and Hadith, Qom, Iran.
From several perspectives of the discussions of jurists and scholars of Usul, references and preliminaries regarding the ethics of juristic belief can be captured and derived; first, the discussions they have made regarding the conditions of a mujtahid; second, the discussions raised under the principle of rational exoneration (bara'at); and third, those expressed under the discussions regarding the objectives of jurisprudence.
According to this view, if we want to re-examine the higher rule, meaning the rule of virtue ethics in legal belief, we must say: "The acceptance of a jurisprudential ruling is ethically correct only when it is consistent with the accepted rules and principles in the science of Usul (principles) and Fiqh (jurisprudence), and furthermore, the Mujtahid possesses virtues such as justice, piety, and a sacred disposition.
If we want to present the fundamental ethical report of duty-oriented jurisprudential belief based on personality-oriented theories as a rule, it is expressed as follows: "Accepting a jurisprudential ruling is morally correct when textual and non-textual clues and evidences are considered based on the observation of God as a customary master or even beyond that (Haqq al-Ta'ah).
(
, 
, 
)
