چکیده:
In contemporary life, the need for the appropriateness of the Islamic jurisprudence to the life and realities in social life is considerably felt. Many issues such as the outdated fiqh which is not applicable in the modern industrial and postindustrial societies, the inordinate increase of the content of fiqh over time, the possible secondary obligations and the unaffected ones, the dominance of rationality in reasoning, and so forth are rooted in lack of paying attention to social realities. So, this question may be raised that if the Islamic jurisprudence based on the low stressed, simple, indigenous society can administrate the contemporary populated society which is industrial and postindustrial as well as energetic? The present study aims at overcoming the mentioned issues through proposing the idea of social fiqh. As a matter of fact, this type of fiqh is proposed in order to remove the problems which are on the way of fiqh nowadays.
خلاصه ماشینی:
Social Determinations of Jurisprudence and Law Date Received: 15/05/1397 Date Accepted: 05/05/1398 Majid Kafi Abstract One of the ontological subjects of sociology is the investigation of the existence of society or social reality.
While the positivist paradigm defines social reality as pre-existing and discoverable fixed orders or patterns, such as the correlation between religiosity and deviance, the interpretive paradigm perceives it as fluid situational definitions that result from human interaction, such as kindness, altruism, deception, and other meanings and motivations that actors attribute to their own behavior or that of others; and the critical paradigm considers it a widespread conflict guided by hidden fundamental structures, such as the conflict between social classes, the conflict between developed and underdeveloped societies, and the conflict between the male and female genders.
Based on the ontology of the Islamic paradigm, social reality takes shape in a dialectical relationship between the individual and society; likewise, social reality arises from people, their fourfold communications, their needs, ideals, and differences.
8. The Relationship between Fiqh and Law Can human communications and social reality exist without order, planning, rules, and law?
One of the functions of the science of fiqh is to empower society to legislate regarding social relations at all its levels; meaning that fiqh is the explainer of the rules and laws of communication between people and the connection of humans with God and nature.
In other words, The order of social reality, including communications, structures, and social behaviors, must be based on fiqh; but can the existing fiqh directly establish and express the rules and laws of communications, structures, and social behaviors?
(
, 
, 
)
