المستخلص: |
It is natural for every study or research to have a number of results concluded by the researcher according to the scientific and cognitive research standards. The results of this study could be summarized as following: 1-Foundations, in our study, mean the Usuli bases and principles adopted by the jurists, so, many issues, like the rule of lot, authority, and condition, were neglected in this study because they came under the title (deduction methods). 2-(The social jurisprudence foundations) is one of the Usuli subjects and issues that deal with societal conditions. 3-(The social jurisprudence foundations) is one of the topics that jurists had dealt with only on the level of the legal questions without showing the foundations that the jurist adopted in deduction. 4-Some researchers had submitted studies in this field, yet they are no more than studies of samples of the social jurisprudence and the relating aspects to show the social status. 5-Throughout the rules and issues that the research dealt with, it is necessary to have a comprehensive vision upon the nation status and condition to apply these foundations correctly and far from prejudice, personal interests and sectarianism. 6-It is obvious that actions are followers of interests and corruptions, hence the judgments are also followers of them and this involves the jurist to work hard to recognize them to get the best application. 7-The social jurisprudence foundations are a number of the common Usuli basis among all the Islamic sects, so the nation jurists have to have assembly to define the common work frame. 8-The Imamate sect is of the sects that have a wide vision upon the societal issues, but the rulers policies of exiling and eliminating them resulted in being far from the society general visions. 9-The Usulifoundations of the first and second chapters are basic structure in the Usuli understanding, one may thought that they are traditional and there is no need to reform them, but the researcher believes that it so important to do so. 10-The researcher considers the structural disagreement among the Islamic sects, yet the scientific research nature involves declaring the contradictory in case of need. 11-The theory of (the objectives of shari'a) is one of the important theories of the social jurisprudence, but its masters could not present the evidence or proof. 12-The theory of (the nation wilaiyah with the jurists) had not been submitted as a theory to manage a state, rather it is to call for freedom and equality; it is known as (the conditioned= Al- Mashrootah). 13-(the jurist wiliyah) is a theory of two problems, the first and the major of the them in not certain, its evidence is still not agreed upon. 14-The theory of (jurist consultation= shura) had been submitted as a substitute of (the jurist wiliyah), yet it is refuted by two question: - major, where the evidence are not sufficient to prove it, and minor, where the religious matters is the only certain ones.
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