Contemporary Islamic nations: from Jurisprudential Rules to Customary Laws

Document Type : Original Article

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Higher Education Complex of Language, Literature and Culturology

Abstract

Islamic jurisprudence, and especially the Jafari walk, with the strong support of the Qur'an and the narrations of the Infallible (peace be upon them), has been a problem-solver for centuries and an individual and social guide for people in all fields. In recent centuries, following the technological, intellectual and cultural invasion of the West, with great social changes, especially in politics, government, culture, economics and management, jurisprudence has degraded from its previous position and customary laws rules based on written laws has become the absolute ruler of Muslim nations. The present study examines the background of the problem pointing out the causes and factors of this phenomenon and implicitly warns of its consequences and effects. Western colonial policy and the weakness of our jurists due to intellectual stagnation, religious prejudices, antiquity, recession in ijtihad and backwardness of the educational curriculum, ‌ unfamiliarity of jurists with the epistemological system of religion and focus on ancestral jurisprudence are counted as the main factors and especially the change in principles of ijtihad and extremist tendency towards practical principles and hypothesizing and imaginations made by Usulis after Sheikh Ansari in the public space of the seminary have been considered as the causes of isolation and fragmentation of Shia jurisprudence. The research has been done with a descriptive-analytical approach and in a library manner.

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