Document Type : Original Article

Authors

• Asghar Agha Mahdavy ¹
• Seiied Yousof Alavi Vosoughy ²
• Ali Khalafkhani ³

¹ Associated Professor of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University

² Assistant Professor of the Department of Fiqh and Islamic Law Foundations at Qom University

³ PHD Student of Fiqh and Islamic Law Foundations at Qom University

Abstract

Social sciences as humanistic Knowledge manage and regulate the human social life. The jurisprudence also deals with the study of the requirements and the results of the holy legislator contingents. From this perspective, the jurisprudence can be founding models for managing Muslim community. According to the studies, Insistence on individual Jurisprudence and Lack of reviewing in it, will not work for social management. Maximalist means the maximum citing personal issues, public management and governance issues into religious texts and rules. Reaching to this point of view about Jurisprudence indebting to an expansion occurred in Shia’s Jurisprudential system through a special method which called “Ijtihad”. Maximalist with its three forms had been the mainstream in the history of Shia Jurisprudence. The first form of maximalist accepts religious texts as a main source of knowledge and discovers individual duties and social rules from them. The second stream of Maximalist, focuses into systematic deduce from texts. The third form of maximization, with the advent of the civilization of modernity and the ultimate goal of human development through the rule of humans, is to seek to cope with it through the supervision of social evolution, backed by the theory of the rule of the jurisprudent and the organization of jurisprudence. This theory reached maturity in political and juridical practice of Imam Khomeini.