An Examination and Analysis of the Relationship between Jurisprudence (Fiqh) and Governance

Document Type : Original Article

Authors
1 Professor, Department of Philosophy, Institute of Wisdom and Religious Studies, Institute of Islamic Culture and Thought, Tehran, I. R.Iran
2 Level 4 student of Jurisprudence and Principles, Khorasan Seminary, Mashhad, I.R.Iran
3 PhD student in Quran and Hadith, Education Teaching Major, Faculty of Islamic Education, University of Tehran, Tehran, I. R. Iran
Abstract
Accurate understanding of the extent and scope of the relationship between Shi‘a jurisprudence (Fiqh) and the concept of governance can open new pathways for jurists and related institutions in addressing practical and executive challenges. This study aims to clarify the relationship between Fiqh and governance by focusing on analyzing the nature and mission of Fiqh, explaining different approaches, and identifying appropriate methodological frameworks in this regard. The main issue is how Shi‘a jurisprudence, through its inherent capacities, can exert maximal influence in three fundamental arenas of governance: policymaking, regulatory oversight, and facilitation. Theoretical analysis and documentary review indicate that Shi‘a Fiqh not only derives rulings for the individual and social obligations of the faithful but also plays an active role in the structures and processes of governance, possessing the ability to guide governmental affairs and manage the complex issues of society. These capacities elevate Shi‘a jurisprudence  beyond merely individual and social rulings, presenting it as an effective governance-oriented jurisprudence. The scope and potential of Shi‘a Fiqh demonstrate that it possesses the ability to guide governmental affairs, address executive challenges, and provide innovative solutions in policymaking. Accordingly, it can be regarded as both a scientific and practical framework for governance.
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  • Receive Date 26 April 2024
  • Revise Date 15 September 2024
  • Accept Date 08 November 2024
  • Publish Date 22 June 2025