فقه و چالش ميان تعليل و تعبد

Jurisprudence and the challenge between causal interpretation and devotion

Although the knowledge of the principles of jurisprudence is referred to as the logic of jurisprudence, this knowledge itself depends on principles and foundations which, in the modem literature, have somehow been considered as belonging to the philosophy of jurisprudence; or perhaps they should be considered as belonging to the philosophy of the principles of jurisprudence. Among these foundations are "principality of causal interpretation" and "principality of devotion". Although, traditionally, these principles have not been discussed in detail in the principles of jurisprudence, they form the underlying basis of the fatwas and jurisprudential schools. In the present article, the writer discusses these principles, defines the domains of each, and clarifiers, in particular, the position of Shiʹite Muslims in this regard.