Jurisprudence and Rationality
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Abstract:
There are different concepts of rationality: specific rationality, normative rationality and instrumental rationality whose limitation covers the holistic rationality and represents the fate of rationality in the West. Thus following Hume reason became the slave of feelings and lost its authority for choosing the goal. In Islamic culture reason with its undeniable background in Shariah enjoys a special feature. Belief in the Origin will save man from being rootless in liberal rationality. The hidden treasure of man will twinkle in seeking perfection and good deed. Harmlessness will be assessed with regard to ascending toward perfection and finally the formation of civil society in Islamic rationality is a duty. Rationality plays an important role in the field of social precept and specifying the interests. The place of reason in jurisprudence in institutions such as reason, as the measure of inference interest, nature natural rights, paying attention to the goals of Shariah and the foundation of the rationalists, secondary precepts, and ever ijtihad will be clearly explained. Key words: instrumental rationality, Islamic rationality, jurisprudence, public interest, requirement of time and place.
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Journal title
volume 1 issue 2
pages 163- 185
publication date 2005-12
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