حکمت معاصر
نوع مقاله : علمی-پژوهشی
نویسندگان
1 استادیار، گروه معارف اسلامی، دانشگاه پیام نور، ، تهران ، ایران
2 دانشیار، گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات و معارف اسلامی، دانشگاه حکیم سبزواری، سبزوار، ایران
3 دکترای فلسفه حقوق، مدرس و پژوهشگر دانشگاه حکیم سبزواری، سبزوار، ایران
4 دانشیار گروه معارف اسلامی، دانشگاه علوم پزشکی سبزوار، سبزوار، ایران
کلیدواژه‌ها
موضوعات
عنوان مقاله English
نویسندگان English
Abstract:
Explaining the purposes of jurisprudence has long been a topic of great interest among Islamic jurists, theologians, and philosophers. From the perspective of many theologians, God's actions and sayings are motivated by purposes; therefore, all the laws of the Sharia are established for a purpose. According to Shiite jurists, the preservation of the soul, religion, reason, lineage, and property are considered as the consideration of all laws. The purposes of Sharia have also been considered in sciences such as theology and philosophy, and each has explained the main purposes and objectives of Sharia based on its own methodology. Some Muslim philosophers, due to the importance of the social and political approach to religion, have paid more attention to the philosophical analysis of the purposes of Sharia and its provisions in three areas: individual, political and legal, which require analysis and examination. Therefore, the issue of this article is: From the perspective of Avicenna and Mulla Sadra, as two Muslim philosophers, how have the purposes of Sharia and its role in regulating and developing the knowledge of jurisprudence, as well as establishing and deepening approaches such as governmental jurisprudence, been explained? In this article, the views of these two philosophers on this issue are expressed, and the results of the research are also presented below.
Keywords: maqāṣid al-sharīʿa, purposes of Sharia, philosophy of jurisprudential rulings, Avicenna, Mullā Ṣadrā.
Introduction
Maqāṣid al-Sharīʿa refers to the purposes and objectives that underpin the enactment of religious laws (Sharia), aimed at securing worldly and otherworldly benefits, promoting human welfare, and preventing harm and corruption. These objectives include the preservation of religion, life, intellect, progeny, and property. This study seeks to examine the purposes and objectives of Sharia (Islamic law) from the perspectives of Islamic philosophers. The central question of this research is: How have Avicenna and Mullā Ṣadrā, as two prominent Muslim philosophers, interpreted the objectives of Sharia and their role in regulating and advancing the field of Islamic jurisprudence (fiqh), as well as in solidifying and deepening approaches such as governance-oriented jurisprudence?
Materials & Methods
This research adopts a descriptive-analytical approach based on library sources.
Discussion and Results
Based on the findings presented in the study, the classification of the purposes of jurisprudence and the application of the rational method by Muslim philosophers such as Avicenna and Mullā Ṣadrā are rooted in their philosophical foundations. The philosophical principles of these Muslim philosophers have significantly contributed to the development of governance-oriented jurisprudence and the extraction of the systematic components of jurisprudence.
From the perspectives of Mullā Ṣadrā and Avicenna, the purposes of Sharia and the philosophy of jurisprudential rulings can be classified into three levels: devotional (ʿibādī) purposes, political purposes, and legal purposes. According to these Muslim philosophers, all these purposes aim at the perfection and elevation of the human soul, ultimately aligning with the definition of wisdom.
The purposes of devotional rulings are the objectives and aims of the laws and commandments that mandate worship of God in various forms, such as prayer, fasting, and hajj pilgrimage. These rulings are directly intended to promote growth and perfection, facilitate the journey toward God, cultivate a wholesome life, and elevate the human being from an animalistic state to an angelic (malakī) rank. Mullā Ṣadrā considers the purpose of establishing devotional rulings to be the remembrance and worship of God, fostering existential proximity (al-taqarrub al-wujūdī) to Him, and guiding the human soul toward the Divine. Devotional rulings serve as a means for the spiritual journey of the soul toward the ultimate end of existence, a journey that is realized through the knowledge and servitude of God. Avicenna, on the other hand, identifies two distinct dimensions in the philosophy behind devotional rulings. The first is the subjugation of base desires, the strengthening of the rational and immaterial aspect of the human being, and the cultivation of a transcendental disposition (al-hayʾat al-istiʿlāʾiyya) whereby the soul gains mastery over bodily impulses. In this framework, true happiness lies in attaining complete abstraction and absolute proximity to God.
In political rulings as well, concepts such as human felicity (saʿāda), drawing closer to God, and divine guidance cast their influence over the political philosophy and the purposes of political rulings. The establishment of governance and the creation of the madīna fāḍila (virtuous city), where the prophet possesses knowledge of true felicity, has attained the highest degree of nearness to God, and is capable of leading people toward divine proximity, are considered prerequisites for the perfection and elevation of the human soul, ultimately guiding humanity toward true felicity.
Conclusion
These two philosophers, drawing upon a virtue-based framework and employing their rational methodology, analyzed and classified the purposes of Sharia. The socio-political theory of Islamic philosophy can be utilized by Islamic jurists (fuqahāʾ) in the development of jurisprudence through a comprehensive approach to managing both the individual and society. The philosophical principles upheld by these thinkers, due to their proximity to governance-oriented jurisprudence in terms of ultimate goals—namely, the administration of society—serve as a solid foundation for the philosophy of governance-oriented jurisprudence. From this perspective, the journey toward God, existential proximity to Him, and the remembrance of God constitute the primary purpose behind the enactment of devotional rulings. Likewise, the establishment of governance, the implementation of divine policies to guide and perfect society toward God, and the regulation of social life by prophets represent the central objectives behind political rulings. Furthermore, the preservation of life, progeny, and property are regarded as the most fundamental principles in uncovering the purposes of Sharia in the domain of legal rulings
کلیدواژه‌ها English
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