A Survey on the Philosophical Fundamentals of Wisdom and Muslim Juristic Conventions in Law concerning the Ideas of Allameh Tabatabaei and Allameh Mesbah Yazdi

Gholami, Ali; Poorkiani, Mohammad

doi:10.30497/law.2016.1835

A Survey on the Philosophical Fundamentals of Wisdom and Muslim Juristic Conventions in Law concerning the Ideas of Allameh Tabatabaei and Allameh Mesbah Yazdi

Document Type : Research Article

Authors

10.30497/law.2016.1835

Abstract

Islamic Revolution of Iran as a prelude to the arrival of religion in the
management realm of contemporary societies needs an immediate
theorization in how to employ various religion and human resources in social
sciences. Collecting and demystifying various sources of knowledge, Mulla
Sadra's Transcendent Wisdom paved the way for the use of reason and
convention, but scrutinizes and various claims of Sadrian philosophers led to
differences in the employment of reason and convention. The results of this
study showed that Allameh Tabatabaei's point of view in accepting legal
propositions as conventional and Allameh Mesbah Yazdi's opinion about
them as real ones have significant influences on using various legal
resources. In this regard, Tabatabae's approvals accredited the conventions,
but Mesbah Yazdi's idea led to fade them and increased intellectual and
constant understandings in law. Considering the above, with approving
feasibility and precision of using both reason and convention, Islamic law
school took some distances from naturalist schools and realism and
approached to a jurisprudential one.

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