Abstract

Modernism and the renewal of jurisprudence, which focus on revising traditional jurisprudence and establishing connections with significant civilizational developments, indicate a dynamic jurisprudence. The constants and variables of religion are two central elements that determine the scope of areas of jurisprudential modernism. Jurisprudential modernism depends on the extent of variables in each school of jurisprudence. The question now is: what are the requirements for jurisprudential renewal and the capacities for jurisprudential modernism in the Hanafi and Ja'fari schools? This study, using a descriptive-analytical method and relying on library resources, examines this issue.

The aim of this research is to qualitatively explain innovation and jurisprudential renewal, based on the renewal algorithm of the Hanafi and Imamiyyah schools of thought, considering the indicators and components of the two sects. Among the findings of this study is the discovery and identification of the requirements for jurisprudential renewal, such as opening the door to ijtihad, renewing the vast jurisprudential heritage, making ijtihad consultative, reforming renewal methods, and recognizing the capacities for modernizing jurisprudence within each of the Hanafi and Imamiyyah schools. In this context, the reasoning-oriented approach to ijtihad, hypothetical jurisprudence, and validating newly arisen issues are among the capacities for jurisprudential renewal in the Hanafi school, while components such as opening the door to ijtihad, the necessity of following a living jurist, and rational evidence are among the capacities for jurisprudential renewal in the eyes of the Imamiyyah school.

This research, conducted using a library-based method and in a descriptive-analytical manner, shows that the components of the two religions have significantly increased the capacity of these two currents in jurisprudential reconstruction and innovation, providing them with the necessary potential for unity of opinion and practice on the general aspects of the subject.



Keywords: Modernism, Jurisprudential Renewal, Dynamic Jurisprudence, Hanafi School, Ja'fari School.