How A Jurisprudential Theory Is Born
This is according to seminary scholar Hojat-ol-Islam Mohammad Hossein Malekzadeh, speaking at a forum on jurisprudential theory.
Elaborating on the stages of formation of a jurisprudential theory, he said:
I would continue the discussion in five areas: Defining Ijtihad, meaning of jurisprudential theory, what Fiqh of system means, the principles dominating the Fiqh of system and stages of reaching a system-making Fiqh.
Ijtihad means striving to discover and deduce religion and religious teaching. It is the pivot of comprehensive Tafaqquh (profound understanding and studying) the religion and a legitimate means for specialized study of Islam.
A jurisprudential theory is a theory by which a Faqih (jurist) infers a rule about a certain issue from a series of religious reasons.
When we talk about system-making Fiqh, we mean Muzaf jurisprudence. From this perspective, we should consider the system of the science of Fiqh as one that has a view of the society and the current era and has a structure to fulfil new needs.
There are four stages necessary for creation of Muzaf jurisprudence. First, issues and discussions about a major subject in the jurisprudential heritage should be collected. Second, new issues related to that subject should be found. Third, a problem system should be established. And four, the ruling on the issues should be deduced in a coordinated way and with a holistic view and a social approach.
