The study of subjectology of traditional Jurisprudence in the new subjects

Document Type : Original Article

Author

Master’s Degree Student of Fiqh and Islamic Law Foundation at Imam Sadiq (a.s) University

Abstract

With the advent of modern humanities and the new social systems, new subjects and issues have have been put forward on jurisprudence that not been set out in the religious texts on these issues. When the traditional logic of subjectology is confronted with new subjects, it broadens the reason for the baccalaureate of subjects in traditional specialties into new subjects, and the reference authority identifies such subjects to the expert, and on the other hand, by targeting the general and the Or the principles of action are trying to comply with religious law on such matters. But by examining the nature of the new issues, we find that the current issues of modernism are the result of our civilization's encounter with the modern world and do not have much to do with the past. In fact, we are faced with sub-systems and systems, and ultimately with a large system called modernity. These systems are fundamentally cultural-historical ones, that is, the product of the modern world culture, and this culture as a soul is present in these issues, and apart from it, it is impossible to examine the issues. Therefore, the recognition of the relationship of such a culture with religion is the work of the jurisprudents. On the other hand, by targeting publicity and information, these systems divide into constructive elements and ignore the nature of the system as a whole, and the components, regardless of their relevance to the whole, find their jurisprudential ruling. However, the whole remains valid and neglected. Due to the systematic nature of the issues and the weakness of the traditional topic of logic in analyzing and confronting these issues, the jurisprudence enters a new stage, and it enters into the field of jurisprudence of the systems, an area where jurisprudence follows the inference of social systems of religion against new social systems.

Keywords

Volume 4, Issue 8 - Serial Number 8
January 2016
Pages 127-146
  • Receive Date: 28 June 2015
  • Revise Date: 07 October 2015
  • Accept Date: 16 December 2015