A contemplation on the philosophy of commandments and intentions of canonical law
Keywordsphilosophy of commandments; intentions of canonical law; justification of canonical law; expediency; depravity; jurisprudence of proiorities
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AbstractThe whyness of commandments and the philosophy of legislation in Islam is a significant issue which has always been debated by the scholars of the sects (al-sonnis and al-shias). All Islamic sects have accepted the reliance of commandments (al-ahkam) on expediencies and depravities. Contemplating on Quranic verses, traditions (al-sonnah) and actions of jurisprudents from the past until now, we can conclude that there is a close relationship between intentions of canonical law and the terms 'expediency' and 'depravity'. Through investigating the theory of intentions and its relationship with expediencies and depravities, the present paper attempts to deal with one of the significant issues which can play a vital role in removing the doubts and resolving the problems, particularly in cases of silence of law, and also can emphasize and confirm the comprehensiveness of canonical law. Nowadays, one of the big challenges is to find a strategy for the correspondence of jurisprudence with the surrounding world's considerable developments. A significant strategy for such a correspondence seems to be comprehensive legal theorization (ijtehad-e-jameh), taking account of the objectives of the religion and intentions of canonical law.