نوع مقاله : مقاله پژوهشی
استاد دروس خارج فقه و اصول و عضو هیئت علمی پژوهشگاه فرهنگ و اندیشه اسلامی.
عنوان مقاله [English]
For discovering the decrees of Shariah, one must exploit the quadruple sources. Meanwhile, the contemporary world has created novel problems which are not easily regarded as instances of the old rules. Thus, one must pay attention to the capacities of Islamic jurisprudence (Fiqh) in order to reach an efficient discovery. Some of these capacities are the intellect and general and rule-making Quranic and narrative texts. Among the perceived quasi-sources, there are some capacities which will flourish leaning on the sources of deduction, two examples of which are the common sense and expediency. There are some texts which enjoy an interpretative capacity for the Shariah’s novel texts. The flourishing of these hidden forces, alongside adopting a quasi-system attitude toward Shariah, makes the science of jurisprudence respondent to the contemporary world problems, without breaching of the Ijtihad principles being necessary.