نوع مقاله : علمی پژوهشی
نویسندگان
1 کارشناسی ارشد تاریخ اسلام دانشگاه تهران، ایران
2 استادیار دانشگاه تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The law has a normative nature and determines the behavior patterns of the members of the society. In this sense, participation in legislation is an important social capital to share in power and raise the flag of authority of a group in society. The Islamic legal system is also a set of rules that value and guide the actions of the obliges. Participation in legislation or the interpretation of Islamic law was an important issue for different groups of the nascent Islamic society from the beginning of the Prophet's mission. The competition of groups and participation of groups in this social capital was carried out with methods of group rebellion to stabilize the social share in governance and legislation. A group of Companions tried to establish the right to express their opinions and participate in the formation of Islamic law by criticizing them in order to show their social capital. Therefore, the ethnographic analysis of the life-jurisprudence of the Companions in the Prophetic era under the issue of fasting and inheritance in terms of competition in the legal system of Islam to understand the differences in their legal thought is the issue of this research. The achievement of this article is to distinguish the legal agencies of the Companions (city of Medina) by studying the issue of fasting and inheritance in the first decade of Hijri. In this article, by separating the network of legal activists, two legal agencies with different ideals and worldviews and distinct values and fundamental differences in sources and jurisprudential-legal logic were identified. A group of companions was subject to the Prophetic legal system. Some others were trying to revive the primitive legal system. The jurisprudential thought of the second group was the integration of Islamic values for the benefit of ethnic values. The authors of this article, with the approach of legal anthropology, have examined the issue of fasting and inheritance from the point of view of the two mentioned entities and have showed the fundamental difference between their sources and jurisprudential logic. Both prophetic and primitive agency continued to exist during the first century and finally at the beginning of the second century they had a direct effect on the formation of jurisprudence schools.
کلیدواژهها [English]
قرآن کریم.
doi: 10.22081/hiq.2022.63107.2239
)