The Consequences of the Governmental Approach in Shiite Political Jurisprudence on Other Branches of Jurisprudence

The knowledge of jurisprudence is the product of a process called ijtihad, which leads to a technical and systematic inference by passing through three stages: sources, foundations, and materials. One of the most important and effective trends in the knowledge of jurisprudence in the current era is the trend of political jurisprudence. In this trend, there are three individual, social, and governmental approaches, and the adoption of each approach by a jurist will definitely produce jurisprudential materials in political jurisprudence that are different from the others. One of the reasons for the difference and discrepancy in fatwas, while all jurists systematically seek to extract and infer branches from foundations and principles, is the difference in the foundations and approaches extracted from sources. From the perspective of scholars, the governmental approach of the rule of jurisprudence and justice in the era of occultation is approved by the Sharia; and what is done by a jurist on political and social issues is not due to duty but due to the position that was granted to the jurist in the era of occultation. The main question is: What effect does the governmental approach to political jurisprudence of a jurist have on other jurisprudential materials produced by this jurist's thought? The present study, using library collection tools, descriptive-analytical methods, and the level of analysis of content analysis, shows that if a governmental approach is adopted in political jurisprudence, which is today crystallized in the acceptance of the legitimacy of the government and Islamic state of the all-encompassing jurist in the era of occultation, not only will political jurisprudence issues be affected by it, but all branches of jurisprudence will be affected by this basis. Considering the extent of such an impact, it can be said that the explanation and analysis of political jurisprudence approaches precede the analysis and presentation of other foundations and approaches of a jurist. And in order to avoid anxiety in jurisprudence and achieve order in the process of ijtihad, this approach should be applied to all branches and jurisprudential rulings. The research findings indicate that in important issues related to (Qisas, Judgment, Anfal, Khums, Zakat, Jihad, and Crescent Sighting), this difference in approaches to political jurisprudence is the cause of the disagreement among jurists.