Document Type : Original Article

Authors

• Seiied Mahdi Mortazavinejad ¹
• Seiied Mohammad Mahdi Mirbagheri ²

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

² Professor of Shia Scientific Center at Qom

Abstract

This article wants to make clear the Viewpoints of theorists in governmental jurisprudence and evaluate them. It also categorizes the conclusions of governmental jurisprudence in 3 methods: subject-oriented jurisprudence, System-oriented jurisprudence, Guardian jurisprudence.
Governmental jurisprudence wants to answer the new issues caused by the government. Subject-oriented jurisprudence was the method of the old jurisprudents and until now has been the common method of religious schools. It wants to introduce God's statement to religiously duty-bound in format of jurisprudential ruling. System-driven jurisprudence wants to derive the rules of social system from the religious source that is different from individual jurisprudence. It wants by using a Collective logic to make a new society that solves the problems interacting with each other. Foundations, system, goals and school are the Effective Factors in methodology of this kind of jurisprudence. Guardian jurisprudence is responsible for human's Authority Growing in three aspects i.e. individual, social and historical ones. It also introduces the jurisprudence as a Supervisor of social dignity. So the method of governmental jurisprudence cussed by developing in three categories of foundations i.e. those of theology, Philosophy of jurisprudence and Principles of Philosophy.
Consequently, by attending to the basic indices of the principal definition the governmental jurisprudence -the Necessity, object of the religious ruling, one under obligation of the religious ruling, religious duty, the range of the obligated, result and method of deduction of religious ruling- are different in each of the methods.

Keywords

• methodology
• Governmental Jurisprudence
• Subject-oriented jurisprudence
• System-oriented jurisprudence
• Guardian jurisprudence