A New Perspective on the Principles and Doctrines of Systemic Jurisprudence (Fiqh al-Niẓāmāt) from the Standpoint of Public Imāmī Jurisprudence
Subject Areas : Islamic jurisprudence and lawNima Norouzi 1 , Seyyed Samsameddin Qavami 2
1 - Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran
2 - Director of the Islamic Management Jurisprudence Foundation and External Lecturer, Qom Seminary, Qom, Iran
Keywords: doctrines of public jurisprudence, public fiqh, Islamic legislation, Islamic policymaking, Islamic legal system,
Abstract :
Public jurisprudence (fiqh ʿāmm) is a branch of Islamic legal science concerned with discovering and articulating Sharīʿa rulings related to public affairs. Because of its direct engagement with all dimensions of Muslim social life, it is regarded as the most practical and applied domain of Islamic studies. Its subject matter encompasses citizen–citizen relations, citizen–state interactions, and the conduct of the Islamic state in relation to other states. In the contemporary era—especially with the rise of Islamist movements and renewed debates on the relationship between religion and modernity—the significance of public jurisprudence has dramatically increased. The essential task of this discipline is to establish a methodologically sound coordination between the changing realities of social life and the immutable textual foundations of religion. The present article, addressing the scarcity of research on the principles and doctrines of public jurisprudence and their role in social and governmental arenas, seeks to clarify these doctrines and demonstrate their applicability in political and administrative contexts. By doing so, it aims to prevent discretionary governance and misuse of ambiguity in public Islamic matters. Following the introduction, the first chapter defines the problem and provides conceptual clarification of public jurisprudence, alongside a brief historical overview. The second and third chapters describe and analyze the collected data and present a detailed examination of the core doctrines of public jurisprudence. Finally, the study concludes by synthesizing the findings and presenting the principal results of the research.
