— — Volume 10, Issue 1, 2022

1 Research on the place of social values in the process of ijtihad of jurists of Islamic religions with emphasis on Shiite jurisprudenceMasoud Ostadhossen1. Peyman Taghavi Gooderzi2. Meysam Behdadfar3

1 Ph.D Canddate of Private Law, slamc Azad University, Karaj Branch, Iran

2 Master of Jurisprudence and Fundamentals of Islamic Law, University of Islamic Religions, Tehran, Iran

3 Ph.D of Jurisprudence and Fundamentals of Law, University of Islamic Religions, Tehran, Iran


Social values as determining the normative content of human society have an effective and decisive role in the formation of legal laws and regulations. Because the foundation of social life of any society and its continuity depends on the relations of individuals and groups and their interaction, which is mainly based on social values and the distinction between values and counter-values. With this in mind, today in the process of forming laws in many countries, especially Western societies, one of the tasks of the legislative system is to discover and apply these social values in legislation and turn these values into law. But this seems to be a crude view. Because values must be controlled by a correct framework and criteria, and even the legal system must in many cases prevent the promotion of incorrect values in society. One of the most challenging debates in recent years is the position of the Islamic jurisprudential system on this issue because the stability of religious values and principles on the one hand and major social developments and new approaches on the other hand has raised many questions that These questions cannot be answered logically without considering the real place of these values in the process of ijtihad. Therefore, in this article, we intend to prove that in the process of ijtihad in Islam, there are grounds for accepting this approach to a large extent.