The Relation between Jurisprudence and Common Legal Sources and Essentials of Sovereignty
Subject Areas : Philosophy
1 - ندارد
Keywords: sovereignty, government, custom, interest, reason,
Abstract :
Sovereignty and its various forms have always been a matter ofconsideration by men of political thought. Different approaches offollowers of religions and those of Islam have also been considered inthe process of sovereignty. In the Islamic Jurisprudence some suchsubjects as custom, reason, interest, and implicit interests have affectedthe realm of interference of religion with sovereignty in one way oranother. Such titles are recognized by human approaches beingconsidered as common legal sources and essentials in governingsocieties. When two affairs of primary precepts interfere, what is moreimportant is given priority. In interference of social necessities withprimary precepts, Islam has given priority to the former and havingtaken common essentials into consideration has treated secondaryprecepts as the foundation of sovereignty. Thus, in the Islamic juristicapproach human wills are given remarkable status in sovereignty.