نوع مقاله : مقاله پژوهشی
استادیار گروه منطق فهم دین پژوهشگاه فرهنگ و اندیشه اسلامی
عنوان مقاله [English]
If inference (ijtihad in jurisprudential terms) is a methodical epistemological attempt to justified discover of the "judgment" about the "obligator’s act", and if the " judgment" is the orientation to the "obligator’s act" which determines the type of behavior of an individual or society based on legislator’s opinion, and if this orientation requires the determination of how to perform a particular behavior in the obligator, and if the determination of the "how" requires the determination of quantity, quality, time, place, context, conditions, starting point, direction, stages, end point, crises and disruption, cases of reinforcement and intensification, possible alternatives, etc., in the components and relations that form the subject, it then seems that there is a need for a rule and law to achieve this in a way that is comprehensive and restrictive. (Main issue of the article).
On the other hand, if the "logic of systems design" is: the rules of combining the input components in a system so as to determine the most appropriate time, place, quantity, quality, context, conditions, starting point, direction , stages, etc., lead to efficient output (an effect that solves the problem and eliminates the need with the least effort and maximum impact), then it seems that the logic of systems design can be a good option for analysis and combine the arguments related to the obligator’s acts in such a way that it leads to an inclusive and exclusive determination for to obey the legislator’s command. (Main hypothesis and findings of the article and reference to its argument).
The well-known critique of "confusing essential things with I'tibārī and the lack of rules of real affairs in I'tibārīat, also considering that religious I'tibārī are not pure credit but I'tibārī have real origin and the current rules on their origin also apply to them is Answered. Finally, the logic of systems has been presented as the main tool for "implicational collective" in ijtihad (including the sum between demonstrators and the customary collective and preferences). (Article result).