Origins of the Goals of the Islamic Law; Conflicts and Agreements between the Imamate Shia and the Sunni

Document Type : Research Paper

Authors

1 Faculty of Islamic Denominations, University of Religions and Denominations, Qom, Iran

2 PhD Graduate in Comparative Study of Islamic Denominations, Faculty of Islamic Denominations, University of Religions and Denominations, Qom, Iran

Abstract

What is called “the goals of Islamic law” by the Sunni and “abstraction of the rationale behind the rule” (tanqīḥ mināṭ) by the Shia is neither the nature of the rule, nor its reason, but the goals and expedience-seeking wisdoms behind the scenes of introducing the rules, which help the experts on Islamic law make correct and right decisions. The pioneering role of Sunni scholars in the field of goal-oriented Islamic jurisprudence has allowed them to create foliage from the huge tree of “expedience and inexpedience”, i.e., to depict a whole variety of the goals of the Islamic law and draw from each of them theoretical conclusions and practical solutions. Taking an analytic approach and using applied theorization based on written sources, the research findings showed that the two jurisprudential branches namely Imamate and Sunni find the origins of the goals of the Islamic law in the duality of expedience and inexpedience, and, when it comes to “minor goals”, they are in agreement both in theory and practice, that is, they settle minor problems about which no instructions can be found in the letter of Qur’an and hadith by means of minor goals or abstraction of the rationale behind ...

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Religious Researches

Articles in Press, Accepted Manuscript
Available Online from 26 July 2020

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History

  • Receive Date: 21 March 2020
  • Revise Date: 05 July 2020
  • Accept Date: 26 July 2020

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