An Analysis and Examination of Jurisprudential Structures based on the Human Relations

Author

پژوهشگاه علوم و فرهنگ اسلامی

Abstract

Jurisprudential structures can be represented with different criteria. One of the criteria in making jurisprudential structure is the human relationship (Relationship with God, himself, other individuals and the nature). Although early jurists did not benefit from this criterion, it has widely been used among the late jurists and jurisprudence scholars.
This study, at first, extracts the structures based on the aforementioned method by searching in jurisprudential books and then, among them, it chooses the structures whose designers have stipulated that they comply with the standard of human relations or have a special place in their structure.
In this paper, six structures related to human relations and are introduced and examined as follows: the structure of Ayatollah Meshkini in the book "al-Fiqh al-M'asour", the structure of Ayatollah A'arafi in educational jurisprudence, the Structure of Ayatollah Eshtehardi and Ayatollah Yazdi in introduction of the book "Kashf al-Romouz", the structure of Dr. Gorji in the book "the History of Jurisprudence and Jurists", the structure of Alenajaf in the book "al-Helal va al-Haram fi al-Shariat al-Islamiat" and the structure of Borji in the paper "classification of jurisprudence entries".
The findings of the study indicates that the majority of late scholars have used the criterion of human relations in forming the jurisprudential structure and this criterion is very common and practical among the early and late jurists. Using this criterion in the structure reflects considering the human, his needs, and his relationships. Such approach in forming the structure of jurisprudence is different from the early jurists and is very important, and shows the distinct bias of the current jurisprudence scholars.

Keywords


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