Document Type : Original Article

Authors

• Fatemeh Ghodrati ¹
• Mohsen Saeedi Abooeshaghi ²

¹ Associated Professor of the Department of Fiqh and Islamic Law Foundations at Yasouj University, Yasouj, Iran

² PhD Student of the Department of Fiqh and Islamic Law Foundations at Yasouj University, Yasouj, Iran

Abstract

Most of the topics in the present day fall under the jurisprudence (special practice) of the subject, to the credit of diagnostic authority. In the common view of Shiite scholars, the rule of law is customary in identifying and defining such matters, and the Shari'a is the sole authority to express the judgment. Since expert practice is, by the way, the knowledge of the subject, the expert's quote is valid. Traditionalism in the subject of the ontology of the subject faces a major challenge, namely the neglect of the historical cultural nature of custom. Accordingly, reason is fundamentally a historical phenomenon, and every historical epoch is shaped by the grand interpretation that man has of that period of existence. Although sometimes primitive and outward-looking, it is argued that these issues are not at variance with the Shari'a, but because of the cultural nature of these issues, the development and functioning of these issues depends on the presence of the dominant culture. Therefore, the seeming acceptance of customary inventions, irrespective of their historical cultural form, creates a crisis in the practical life of Muslims and a major challenge between Sharia and custom.

Keywords

• Common
• Common Sense
• Culture
• New Issues
• Recognizing the Issues