منهجية التشريع و جدلية الوحي و العقل و الواقع

الملخص EN

This research is aimed at explaining the intellectual background and reference of the methodology of Islamic law making, the methodology in which the interactions of The Holy Revelation, the human brain and reality take place on the basis of conjoinment and not preference.

And for this, the term “IJTIHAD”in the Islamic thought is considered as a gateway for the interaction of the aforementioned elements In the quest to actualizing a reform.

Going by this, the importance of this methodology becomes clear and having a good knowledge and understanding of itis of utmost necessity.

Furthermore, this research explains the flaws of the modern-day researches that have placed an epistemologic disconnection in between these elements that are meant to conjoin and not to separate from one another.

As a result, this research tries to answer a question that goes thus: What is the referential role played by the Holy revelation, the human brain, and the reality in the Islamic law making methodology? Therefore, this is the objective of this research.