Faqihs Customary State in Their Authority

Montazerqaem, Mahdi

doi:10.30497/sj.2023.244427.1245

Faqihs Customary State in Their Authority

Document Type : Original Article

Author

Mahdi Montazerqaem

Islamic Law- Law Faculty- University of Judicial Sciences- Tehran

10.30497/sj.2023.244427.1245

Abstract

Faqihs are from amongst people and have two distinct juridical and customary states. They sometimes engage with Fiqh (delivering rulings from religious sources) and issue religious rulings, while at other times they attend to general or particular customary affairs. Given that they enjoy authority in issuing rulings, judgment, and governance, what they have taken on in these three areas could be studied with regards to their different states- using the ideas and teachings of Imam Khomeini. This paper is trying to answer the question that while implementing their authority, on what occasions Faqihs utilize their juridical state and when they use their customary state. With a descriptive and analytic approach, this fundamental study comes to the conclusion that today Faqihs are often using their customary state in judgment and governance, whether limited - such as orphans' custody - or general - such as leadership and administration of the society - and only on rare occasions they may come to use their juridical state.

Keywords

common sense in judgment

common sense in governance

the authority of Faqih

distinction between common sense and Fiqh

using Fiqh