نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه فلسفه حقوق، دانشکده فلسفه و اخلاق، دانشگاه باقرالعلوم (ع)، قم، ایران.
2 أستاذ، قسم الفلسفة وعلم الکلام الإسلامی، جامعة باقر العلوم، قم، إیران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Natural rights in the Western world have passed through different eras, including secular and religious ones, but have been less addressed in the Islamic world. Master Motahari is one of the few Muslim philosophers and jurists who has explicitly addressed the issue of natural rights and, in his works, meticulously engages in the ontological and epistemological discussions of natural rights. The upcoming research has been conducted with the aim of investigating Master Motahari's viewpoint regarding the relationship between natural rights and jurisprudential rulings, and the main question of the research is: What is the correlation between natural rights and jurisprudential rulings? The research method is based on descriptive-analytical studies and finding the correlation between natural rights and jurisprudential rulings. in Master Motahari's view, inattention to the status of reason and the philosophy of rulings has caused the social philosophy of Islam not to grow, and a jurisprudence disproportionate to other principles and the social philosophy of Islam to emerge. Martyr Motahari's criticism of jurists is invalid, because they have rejected and excluded reason from the realm of deduction based on a firm foundation, which is the insufficiency of reason to grasp the criteria of rulings. Therefore, as long as the aforementioned point is not answered, there remains no basis for resorting to rational rulings in the process of deduction. Simultaneous emphasis on rationalism and certainty in the field of deduction is impossible, and in this field, the feasibility of the validity and authority of rational conjectures is open to study and evaluation.
کلیدواژهها [English]
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