Identifying the Components of Ethical Guidance in the Process of Jurisprudential Reasoning by Mujtahids: A Qualitative Study

Authors

    Reza Dehghanmenshadi Department of Criminal Law, Shahid Chamran University of Ahvaz, Ahvaz, Iran
    Mahdieh Anvari * Department of Philosophy of Law, Shahid Chamran University of Ahvaz, Ahvaz, Iran m.anvari58@yahoo.com

Keywords:

Ethical guidance, jurisprudential reasoning, mujtahids, Islamic jurisprudence, jurisprudential ethics, ethical training

Abstract

This study aimed to identify the components of ethical guidance in the process of jurisprudential reasoning by mujtahids. A qualitative design was employed using semi-structured interviews with 14 prominent mujtahids residing in Tehran. Data were collected until theoretical saturation and analyzed through open, axial, and selective coding using NVivo software. The results revealed three main themes of ethical guidance in jurisprudential reasoning: ethical backgrounds (including ethical training, self-monitoring, pure intention, and sensitivity to justice), ethical procedures (priority of Sharia objectives, ethical conscience, assessment of social impacts, consultation, and caution in issuing fatwas), and ethical challenges (external pressures, conflict between texts and human values, varied responsibility perceptions, and generational gaps). These components play a critical role in ensuring the quality and legitimacy of jurisprudential inference. Findings indicate that ethical guidance significantly enhances accuracy, justice, and legitimacy in issuing religious rulings. Strengthening ethical education and establishing consultative environments can improve mujtahids’ performance. Furthermore, revising and adapting ethical concepts to social changes is essential.

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Published

2024-07-03

Submitted

2024-04-19

Revised

2024-05-31

Accepted

2024-06-10

Issue

Section

مقالات

How to Cite

Dehghanmenshadi, R., & Anvari, M. (1403). Identifying the Components of Ethical Guidance in the Process of Jurisprudential Reasoning by Mujtahids: A Qualitative Study. Sharia, Philosophy and Ethics, 2(2), 1-9. https://journalspe.com/index.php/spe/article/view/53

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