Methodology of "Group Ijtihad in the Legislative Process"; A New Interpretation of "Religious Sociability"

Document Type : Research Paper

Authors

1 Assistant Professor, Faculty of Theology and Islamic Teachings, University of Meybod, Yazd, Iran

2 Ph.D, Faculty of Theology and Islamic Teachings, University of Meybod, Yazd, Iran

Abstract

The main pathology in the field of methodology of jurisprudential and legislative ijtihad is that the keywords of methodology, group ijtihad, religious sociability, legislative requirements, and the face of social thinking that are presented in this writing suffer from the following harms: they are either left unsaid or do not cover all dimensions and need to be completed, or their semantic relations are not systematic or the rule of adherence to the object is adherence to its accessories and  have no quorum in explaining the keywords. This writing, by dividing methodology into basic methodology and applied methodology, emphasizes that with a new approach to religious sociability and a new explanation of the anthropological and sociological foundations of ijtihad and legislation, social thinking is freed from the monopoly of matter and precise results and is also decorated on the face. One of the fruits of social thinking face is that the requirements of legislation are adorned with new requirements, and group ijtihad achieves new dynamism and richness with real actualization. With this systematic revival, the legislative process becomes a process in accordance with the requirements, and the resulting law becomes destitute from structural and substantive discrepancies. Maintaining and strengthening the position of the Legislature Power and the Guardian Council as part of the legislature depends on the above approach to ijtihad.

Keywords

References

  1. Bahr al-Ulum, Muhammad (1991). Ijtihad principles and rulings, Beirut: For printing and publishing.(in Arabic)
  2. Heidari, Mohammad Sharif (2013). Religious socialization in Iran, Tehran: Institute of culture, art and communication; Baqer al-Uloom research institute, First edition.(in Persian)
  3. Khamenei, Ali (2013). Outline of Islamic thought in the Quran, Tehran: Sahba, First and second editions.(in Persian)
  4. Khorasani, Ali (2017). Charter of the seminary and the clergy, Tehran: Islamic revolution, First edition.(in Persian)
  5. Mobalaghi, Ahmad (2018). Foreign lessons and steps of ijtihad, Qom: Ishraq hekmat, First edition. (in Persian)
  6. Mobini, Hassan (2007). Discussion on the councilization of fatwas, articles and reviews, Vol.40, No.86, pp.121-140. (in Persian)
  7. Mousavi Khomeini, Ruhollah (1965). Al-Rasa'il, Qom: Ismaili, First edition. (in Arabic)
  8. --------------------------------- (1999). Sahife of Imam Khomeini, Tehran: Imam Khomeini publishing house, First edition. (in Persian)
  9. ---------------------------------- (2010). Charter of the clergy, Tehran: Institute for organizing and publishing works, 31st edition. (in Persian)
  10. Mousavi Khomeini, Mustafa (2006). Writings in principles, Qom: Oroug, 8 vols., Fifth edition. (in Persian)
  11. Monadi, Morteza (2007). An introduction to Socialization, Tehran: Jeyhun. First edition. (in Persian)
  12. Motahari, Morteza (1998). Notes of Shahid Motahari, Tehran: Sadra, First edition. (in Persian)
  13. ----------------------- (1982). Collection of speeches. Tehran: Sadra. First edition. (in Persian)
  14. Paktchi, Ahmad (2012). Research method based on Quran and Hadith sciences, Tehran: Imam Sadegh university, First edition. (in Persian)
  15. Shamsuddin, Mohammad Mahdi (1998). Ijtihad and renewal, Beirut: State Institute. (in Persian)
  16. Tabatabai, Mohammad Hussein (1995). Al-Mizan, Qom: Society of teachers, Islamic publishing office, 20 volumes, Fifth edition. (in Persian)
  17. -------------------------------------- (2008), Social relations in Islam, Qom: Book garden, First edition. (in Persian)
  18. Zarei, Mahmoud (2014). The work must be organizational, Tehran: Majd Islam, first edition. (in Persian)
  19. Ziaeifar, Saeed (2009). The Impact of ethics on Ijtihad, Qom: Research institute of Islamic sciences and culture, First edition. (in Persian)

 

Religious Researches
Volume 18, Issue 1
April 2022
Pages 43-68

Files

History

  • Receive Date: 29 August 2019
  • Revise Date: 24 November 2019
  • Accept Date: 24 November 2019

Share

How to cite

Statistics