چکیده:
Methodology is a branch of the philosophy of science that examines matters effective in understanding the method of a science, discussing foundations, requirements, methods, sources, and research pitfalls. Ijtihad means the operation or faculty of inferring legal rulings from their evidence. An emerging issue is a new subject for which a legal ruling cannot be found in religious texts. Not finding a legal ruling can be due to two reasons: the subject did not exist at the time the texts were issued so that a ruling could be issued for it; or the subject existed at the time the texts were issued, but its characteristics, conditions, and constraints have changed in the present era, necessitating a new ruling. Ijtihad in these issues is based on the existence of rulings for all matters, the openness of the gate of Ijtihad, and the recourse of evidence for emerging issues to the threefold evidence, in which one must adhere to jurisprudential foundations, have an accurate understanding of the subject, and pay attention to spatial and temporal conditions. The necessity of upgrading from existing and revealed jurisprudence to desired jurisprudence, upgrading from passive jurisprudence to designer jurisprudence, a social approach in Ijtihad, a comprehensive view in Ijtihad, specializing jurisprudential discussions, and upgrading from traditional ontology to scientific ontology are among the requirements of Ijtihad in these issues. For Ijtihad in them, two categories of evidence are relied upon: Ijtihadi (interpretative) evidence and Fiqahi (jurisprudential) evidence. Ijtihadi evidence includes the necessities of Islam, the judgment of reason, the practice of rational people (Sira al-Uqala), generalities and absolutes, principles rules, jurisprudential rules, Tanqih al-Manat, Qiyas Mansus al-Illah, Qiyas al-Awlawiyyah, Alghaa al-Khususiyyah, custom (Urf), macro-strategies of jurisprudence, and Maslahah (public interest). Fiqahi evidence includes Istishab, Bara'ah, Takhyir, and Ihtiyat. Mistakes in identifying the subject, incorrect application of generalities and absolutes to the issue, error in distinguishing interests and harms in the issue, falling into eclecticism (iltiqat), imposing upon Sharia, contradiction, and falling into the trap of modernism are among the pitfalls of Ijtihad in these issues. This article examines the methodology of Ijtihad in emerging issues using a descriptive-analytical method and library documentation.
خلاصه ماشینی:
Jurisprudential evidences include the necessities of Islam, the judgment of reason, the practice of rational people, generalities and implications, principles rules, jurisprudential rules, purification of the locus (tanqih al-manat), analogy based on an explicit cause (qiyas mansus al-illah), analogy of priority (qiyas al-awlawiyyah), removal of specificity (alghaa al-khususiyyah), custom (urf), macro-strategies of jurisprudence, and expediency (maslahah).
3- The necessity of a social, rather than individual, approach in Ijtihad Throughout past centuries, due to various reasons, including the concept of separating religion from politics and the distance of religious figures and scholars from the government, jurisprudence has not had the appropriate opportunity to emerge (Zolfaghari, Seyedian, 1391, 56); therefore, an individualistic perspective has always existed in jurisprudence and Ijtihad and it has been assumed that jurisprudence has no place in the realm of social issues, especially new issues, and is not accountable to them, whereas a summary and comprehensive view of all Islamic rulings indicates the existence of a social spirit within the body of jurisprudence (Ziaei-far, 1390, 15), and the basis for the existence of Sharia rulings for all matters and the basis for the ability of jurisprudence to respond to all human issues invalidates the illusion of the individuality of jurisprudence.
Imami, Abd al-Salam, Saberi, Hossein and Qabuli, Sayyid Muhammad Taqi, (1394), Closure and Opening of the Gate of Ijtihad in Sunni Jurisprudential Thoughts, Journal of Civil Fiqh Teachings, Mashhad: Razavi University of Islamic Sciences.
Alawi, Sayyid Ja'far/Fakhla'i, Muhammad Taqi, (1388), A Research on the Role of Ijtihad in Identifying the Subjects of Rulings, Journal of Fiqh and Usul, Mashhad: Ferdowsi University.
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