نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه فقه و مبانی حقوق اسلامی دانشگاه امام صادق علیهالسلام
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
With an increase in the social aspect of human life and diversity and plurality of different social systems, planning and policymaking for human societies become more complex. Macro approach, comprehensiveness and process approach to decision-making and policymaking are among the preconditions for the success of management systems. The Shia jurisprudence, as an effective management system, which covers all individual and social aspects of human life, is not an exception. System approach to inference of jurisprudential decrees and rules means that the “duty of the other duty-bound people” and the “other duties of the duty-bound people” should be studied together in the system of jurisprudential decrees. It is also necessary to correctly depict the process of transformation of “beliefs” to “ought tos” so that the jurisprudential decrees are not incompatible with the objectives and principles of jurisprudence and purposes of the legislator. Hence, in the first place, the objective and fundamentals must be precisely studied in the philosophy of jurisprudence and then the doctrines and general policies of the legislator are correctly extracted and their practical domains are determined. Finally, decisions should be made and policies formulated based on a suitable structure and systematization of rules and doctrines as well as determining their proper place in each domain. Attempts have been made in this research to offer five procedures for extraction of Sharia doctrines and also offer some jurisprudential mechanisms for balancing and safeguarding the system.
کلیدواژهها [English]
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