Značaj uvažavanja zahteva vremena i mesta u šiitskoj jurisprudenciji Cover Image

The Role of Adaptability with the Exigencies of Time and Space in Dynamism of Shia Jurisprudence
Značaj uvažavanja zahteva vremena i mesta u šiitskoj jurisprudenciji

Author(s): Morteza Agha-Mohammadi
Subject(s): Islam studies, Sharia Law
Published by: Centar za religijske nauke "Kom"
Keywords: requirements of time and place; dynamic jurisprudence; ijtihad; custom (‘urf); Shia jurisprudence; conflict

Summary/Abstract: The ability to adapt to the requirements and exigencies of time and place is a unique feature that distinguishes Shia jurisprudence from many customary jurisprudential schools, and makes it dynamic and capable to last at the same time. It enables the jurists to always find a way out of blocks without being forced to retreat from existing stances. This article aims to discover the role of the exigencies of time and space (place) in the dynamics of Shiite jurisprudence. This research based on library findings, first deals with the necessity of such adaptability, and then a reflection is made on what the concept and function of the role of time and place in jurisprudence is. Finally, dynamic juridical effort (Ijtihad), the necessity of using second order rulings alongside primary ones, mandatory and non-mandatory rulings, governmental rulings, the role of customary understanding, and conflict, are discussed as the key features and components of the dynamic jurisprudence.

  • Issue Year: IX/2020
  • Issue No: 1
  • Page Range: 71-85
  • Page Count: 15
  • Language: English