The Extension of Islamic Philosophy and Ḥikmah in the Principles of Legal Reasoning and the Science of Sharīʿa-Based Law (Fiqh) in Imāmī Jurisprudence
Subject Areas : Islamic jurisprudence and law
1 - Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran
Keywords: philosophy of fiqh, philosophy of uṣūl, practical wisdom, philosophy of legislation, value system, philosophical extension.,
Abstract :
This study examines the relationship between Islamic philosophy and the science of uṣūl al-fiqh, exploring the ways philosophical inquiry influences the formation, evolution, and methodological structure of legal reasoning in Imāmī jurisprudence. As a foundational discipline, philosophy—through its ontological, epistemological, and linguistic frameworks—has continuously shaped the development of both fiqh and uṣūl. At times, this influence has been restrictive, such as during the era of Akhbārī dominance, when philosophical skepticism contributed to stagnation in ijtihād. At other times, it has been constructive, invigorating legal theory with rationalist methodology, strengthening its foundations, and opening new horizons for deduction and interpretation. The central question addressed is: In what dimensions has philosophy impacted uṣūl al-fiqh and fiqh, and what opportunities and challenges has this interaction created? The objectives of the study include: explaining the influence of philosophical questions on the overarching structure of fiqh, including its methods and subject matters; clarifying the role of philosophical principles in resolving specific issues within legal theory; identifying opportunities created by the entry of philosophical reasoning into the domain of ijtihād; analyzing challenges such as the conflation of realities (ḥaqāʾiq) and constructs (iʿtibārāt); and ultimately proposing a balanced framework that enables the use of philosophy without compromising the normative and constructed nature of uṣūl al-fiqh. The findings demonstrate that philosophy influences legal theory at both macro and micro levels. At the macro level, it contributes to the formation of a philosophical outlook toward fiqh, strengthens critiques of Akhbārī traditionalism, transforms legal language and the interpretation of expressions, and helps articulate the overarching structure and aims of legal reasoning. At the micro level, philosophical rules—such as “the unity of the cause” (qāʿidat al-wāḥid) and the impossibility of causal influence from nonexistence—are applied in discussions within uṣūl and fiqh. The study concludes that a critical, measured, and methodologically conscious engagement between philosophy and Islamic legal theory enriches and revitalizes the system of ijtihād, enhancing both its dynamism and its capacity for problem-solving in contemporary contexts.
