A Comparative Study of the Role of Reason in the Legal Systems of the West and Islam مقاله

خلاصه ماشینی:

Factors such as: the weakening of the traditional Judeo-Christian culture in the West and through the passage of the intellectual revolution of the Renaissance, Rationalism, the Industrial Revolution, Darwinian thoughts, and the movement of the theory of Darwinian natural evolution toward Darwinian social evolution, and the official separation of Church from State, politics from religion, and morality from law, and the entry of theories into political and legal sciences, and the emergence, growth, and expansion of democracy or popular sovereignty in everything, including law, caused law to fall completely under the control of the people and society; consequently, law became that which is enacted and created solely by the people through referendums, constitutions, parliamentary resolutions, etc. The existence of completely rational rules and principles in the science of Usul, such as the rule of the impossibility of assigning a duty to the impossible, duty to the non-existent, the issues of beauty and ugliness (husn and qubh), maslahah and mafsadah, and discussions related to will, determinism, and free will—which have been raised in the science of Islamic jurisprudence, especially in Shiite jurisprudence, particularly in the view of Sheikh Ansari—all reflect the point we are considering. Since examining the rationalism of the Islamic legal system in general and Shiism in particular is impossible without considering the history of the emergence and evolution of the science of Usul and the issue of the authority of reason as one of the four sources of jurisprudence, this history will be briefly examined.