mohammad hosein safaee
Abstract
Abstract
The functionality of Fiqh (Islamic jurisprudence) as the most respective knowledge among Islamic knowledges, directly relates to the degree of success of current religious ...
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Abstract
The functionality of Fiqh (Islamic jurisprudence) as the most respective knowledge among Islamic knowledges, directly relates to the degree of success of current religious derivation logic and its implications. Accordingly, some contemporary Usuli scholars pointed to the necessity of proposing the philosophy of Usul and some initial works such as the frame of discussion done by them. Due to the usual importance of exploring the epistemological bases in philosophical thinking, epistemology of Usul Fiqh (Principles of Islamic jurisprudence) is considered as a part of philosophy of Usul Fiqh. According to the findings of this paper, it becomes evident, by description and analysis of content, that the relation between Usuli evidence and epistemological justification, is one of the ways of extending epistemological issues to the Usuli issues. If this claim can be proved, there will be a basis for applying various epistemological theories (such as epistemological internalism and externalism and justification mechanisms like Foundationalism and coherentism) to the Usuli evidence. Consequently, by applying the epistemological implications of each Usuli base, the system of evidence will be promoted and the logic of derivation in Islamic law (Sharia) become nearer to contemporary epistemology. However the mere intuitive relation between evidence and justification can not prove this correlation, especially due to numerous discussions in the epistemology on the separation of justified belief (theoretical rationality) from the very practice which is raised from it (practical rationality). This paper tries to prove the relation between Usuli evidence and epistemological justification through the discussions proposed in the moral philosophy. It also puts forward a vivid picture of its results in Usul Fiqh.
Keywords: Evidence, ـustification, Moral Philosophy, Epistemology and Practical Rationality.
Introduction
Today, One of Fiqh’s claims is its capability for responding to all human life's aspects regardless of geography and plurality of cultures. For muslim thinkers, the modern lifestyle (without noticing to previous traditions) is not the only way of living, but also one can return to the sameFiqh, find prophet’s advice and live according to it. Truth of Fiqh which is amout to its soul, is discovering the practical precepts of Islam (Ahkam). In this respect, a Fiqh scholar is not a legislator but rather a discoverer. The derivation process which is done by Fiqh scholars ends up with a proposition denoting the Hokm (divine order). Derivation logic of Islamic law must have necessary rationality for various intellectual groups and should be in harmony with other knowledges, due to its universality. Shahid Motahhary speaks about the necessity of consistent relation between Fiqh and other current knowledges in the following quote:
“There is no other way... if we claim that our Fiqh is one of real knowledges of the world, we must follow the same methods which is followed by other knowledges, otherwise, it means Fiqh is out of other knowledges circle” (Tabatabaei et al, 1341, pp. 64-65).
It seems that the extension of contemporary epistemological issues to the Usul Fiqh will lead to the improvement of its logic and make a ground for the agreement of Islamic and western traditions; hence this paper tries to prove the relation between these two considerable factors: evidence in the Islamic tradition and justification in the western tradition.
Methodology
For establishing the relation between two considerable factors of evidence in the islamic tradition and justification in the western tradition, theses steps must be taken:
First step. synonymity of Usuli evidence with practical rationality of moral philosophy
second step. Metaphysical realism of divine orders realm for shia (this realm of realism called ontological realism).
third step. Correlation between ontological realm (rational realism) and epistemological realm (epistemological realism). Due to the separability of ontological realism from epistemological realism, the extension of epistemological issues to Usuli issues require the establishment of epistemological realism of imami Usulis.
fourth step. After establishing ontological realism and epistemological realism of immami Usulis, exploring the way of attributing practical rationality to the justified religious beliefs begins.
fifth step. If the practical rationality is attributable to religious belief and Usuli propositions, moral philosophy can be a bridge between epistemology and Usul Fiqh.
Findings
with the extension of epistemological categories to Usuli theories, the following doctrines can be hold:
Usulis’ metaphysical realism in the divine orders realm, due to their belief in the possibility of making mistakes and the existence of divine orders beyond the accessibility of the one who deduces;
Indirect voluntarism due to volitional bases of obtaining certainty;
Quasi-foundationalist mechanism due to reference of the conjectural validity of denotations (imārāt) to the essential validity of certainty;
Evidentialism;
Internalism due to the necessity of explaining the way of obtaining evidence.
Conclusion and discussions
According to the account made, practical rationality can be attributed to Usuli normative propositions (such as decency and obscenity) as a part of moral sentences in philosophical view, therefore every theory of moral philosophy implies a theory in Usuli evidence (Usuli evidence characterized by moral philosophy through practical rationality). In Islamic tradition the transition from epistemological realm to the ontological realm is usual and because of that rational (ontological) realism of Imami Usuls amounts to their epistemological realism; so the very Usuli moral sentences is considered as epistemic according to metaethical analysis (Usuli propositions can be explored epistemologically because they are epistemic). Some religious beliefs implies goal-mean rationality and by virtue of this, they have a kind of practical rationality, so the practical rationality as a bridge between justified religious belief and Usuli evidence, leads to a relation between these two concepts: justification in justified religious belief and evidence in Usuli propositions. Epistemic interpretation of Usuli theories can be a result of this relation. According to the findings of this paper, Imami Usuls hold these views: metaphysical realism, voluntarism, quasi- foundationalist, evidentialism, and internalism.
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