چکیده:
The 'Void Area' theory is one of the theories presented by 'Shahid Sadr' to explain the mechanism of harmonizing Sharia with temporal and spatial changes. In this writing, this theory is examined as a legal system and a legislative framework and is introduced as a solution for the Islamization of the legislative system. One of the most important issues that can be raised regarding this theory is the foundations of codification in the field of the void area, which has been briefly addressed in the works of Shahid Sadr, and the authors of this writing have discussed these foundations in detail.
خلاصه ماشینی:
Accordingly, since they also possessed the status of guardianship over society and were considered the ruler (Wali al-Amr), taking into account the social conditions and the temporal and spatial circumstances in which they lived, and according to the objectives and training, 17 bringing out of darkness and leading to insight and increasing perception, 18 removing the heavy burdens of superstition and ignorance from the shoulders of the people, 19 providing a pure life and a good existence, 20 purification from ugliness (hadath and khabath) 21 and similar matters have been mentioned, which the realization of these matters—being among the objectives of forming the religious government of the Divine Prophets—must be considered by legislators in the enactment of laws within the "vacant zone" (manatiq al-faragh) that shapes the variable elements of Islamic Sharia; for example, the realization of justice at any given time has its own specific requirements, and the ruler must enact laws that achieve justice in the best possible way at that time.
The Competent Authority for Issuing Rulings of Manatiqat al-Faragh Shahid Sadr has two theories regarding who has the duty to legislate in Manatiqat al-Faragh: First Theory: Based on his first theory which is stated in the book "Iqtisaduna" — and was referred to above — it is among the duties of the ruler (Wali al-Amr) to, by considering the interests and benefits of society, enact rulings that pursue the expediency of the Islamic society.
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