SHIA CUSTOM AND THE CHALLENGE OF MODERN RATIONALIST PROCEDURES

Abstract

Besides the custom, the way of thinking plays an important role in the jurisprudence and principles of Imamia, and the importance of this role is revealed in the field of jurisprudence, where many of its rulings confirm the practice and character of reason. The jurisprudence system and the principles of Shia jurisprudence consider only those matters that have the authority to discover a Sharia ruling whose content and authenticity have been proven, and in this system, a procedure that can successfully pass the two stages of content and legal approval is accepted by Shia jurisprudence. The basis of this system can be considered an authority-oriented system.

In this article, after a comprehensive definition of the building of rationality, the new problem that we have faced in the era of globalization is answered. And how can the modern procedures of rationalism be adapted in the current age with the foundation of rationality approved by the Shariah. In the way of answering this question, after examining the content according to the application of the Muslim principle and agreed upon by the usulists, the legalistic procedures or the building of rationality must have all the components of authenticity and not be subject to legal objections to be cited in jurisprudence. And according to the view of Usulists, non-rejection of Sharia does not need proof (i.e., it does not have a separate signature), but as long as the general prohibition of Sharia does not include the case of rationalists and modern rationalist practice, the non-rejection of Sharia is proven. Biy al-Gharar and other prohibitions are related to their specific cases.