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

Type : Research Article

Authors

10.30497/law.2016.1835

Abstract

The Islamic Revolution of Iran, as a prelude to the arrival of religion in the management realm of contemporary societies, requires an immediate theorization on how to employ various religious and human resources in the social sciences. By collecting and demystifying various sources of knowledge, Mulla Sadra’s Transcendent Wisdom paved the way for the use of reason and convention, but scrutiny and differing claims among Sadrian philosophers have led to variations in the employment of reason and convention. The results of this study show that Allameh Tabatabaei’s view, which accepts legal propositions as conventional, and Allameh Mesbah Yazdi’s opinion, which regards them as real, have significant influences on the use of various legal resources. In this regard, Tabatabaei’s approach accredited conventions, while Mesbah Yazdi’s idea diminished their role and emphasized intellectual and constant understandings in law. Considering the above, and by approving the feasibility and precision of using both reason and convention, the Islamic law school distanced itself from naturalist schools and realism and moved toward a jurisprudential approach.

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