نوع مقاله : مقاله پژوهشی
استادیار گروه تصحیح و احیای آثار مرکز احیای آثار اسلامی پژوهشگاه علوم و فرهنگ اسلامی، قم، ایران.
عنوان مقاله [English]
The development of jurisprudence (Islamic jurisprudence known as fiqh) and its dynamics has a close relationship with the method of presenting and expressing jurisprudence topics. Therefore, knowing the jurisprudential method and method of each jurist has an important and clear effect on knowing his intellectual characteristics and products. The venerable jurist Allameh Sheikh Muhammad al-Hussein Kashif al-Ghita is one of the famous jurists with a jurisprudential style whose jurisprudential thoughts can be examined from different angles. This article aims to explain the methods that he has used in his studies and jurisprudential branches inferences. In this regard, topics such as the development of jurisprudential issues with a comparative and approximate view, rule-oriented in jurisprudence branches, foundation-oriented modernization in the derivation of jurisprudence, attention to the role of time and place in the dynamics of jurisprudence, trying to solve new jurisprudential problems with the realities of life, considering the moral and social dimension of jurisprudence and attention to the rational and philosophical dimension of rulings have been dealt with. Although in the study of jurisprudential methods, the formal aspects of jurisprudence are analyzed and explained more than its foundations and topics, it should be noted that this gives shape to the content and brings the greatness of the dynamics of jurisprudence and knowing jurisprudence to the emerging stage.