An Essay by Abolghasem Fanaei: 'The Principles of Sharia and the Principles of Sharia Studies'

The following essay contains the most important metaphysical, theological, epistemological, and hermeneutical principles concerning Sharia and Sharia studies (fiqh) that the author believes in and defends. The justification of these principles and their defense is an extensive research project that has been the author's main preoccupation in recent years, and I ask God, the All-Knowing, the Subtle, and the Wise, for success in bringing it to completion.

This essay is written in two parts:

1) Metaphysical and Theological Principles Concerning the Nature of Sharia / The Realm of Affirmation (Maqām al-Thubūt)

1_ The God whom Islam introduces to us and in whom it asks us to believe, in addition to His other attributes, also possesses "Wisdom," "Justice," "Sovereignty"/"Lordship," and "Legislative Authority."

2_ God's Sovereignty and Legislative Authority are subordinate to His Wisdom and Justice, meaning that God's Sovereignty and Legislative Authority are not absolute but are constrained by Wisdom and Justice.

3_ God has the right to be obeyed.

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23_ Time and place play a role in divine legislation.

2) Epistemological and Hermeneutical Principles Concerning Sharia Studies / The Realm of Proof (Maqām al-Ithbāt)

24_ The justified and defensible model for regulating the relationship between humans and God is a model in which both sides of the relationship have natural/moral rights and duties, and are rationally and morally obliged to observe these rights and duties.

25_ What is meant by reason in the rule of correlation between the judgment of reason and the judgment of Sharia is practical reason.

26_ The function of practical reason is both "the recognition of certain values" (such as good and evil) and "the issuance of certain normative judgments" (such as ought and ought not).

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56_ Wisdom and Justice are two posterior criteria in jurisprudential ijtihad, meaning that jurists are obliged to measure and balance their understanding and interpretation of the Quran and Sunnah against these two criteria.

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The Principles of Sharia and the Principles of Sharia Studies

Author: Dr. Abolghasem Fanaei

Qom - Mofid University - 2020/03/23

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