حکمرانی قضای اسلامی دانش بنیان و تحول در علوم انسانی با تاکید بر فلسفه حقوق بر اساس رهنمودهای مقام معظم رهبری و بیاینه گام دوم انقلاب اسلامی

Judicial governance in the Islamic Republic of Iran, due to the religious nature of system, requires a solid foundation of Islamic and rational principles. However, the existing humanities, which, due to their influence, are considered “breathing air” in the governance space, are imported and often based on atheistic foundations. This causes incompatibility in the governance network. This conflict, especially in the field of “philosophy of law,” which is the foundation of the inference and implementation of justice, prevents the full realization of Islamic justice and the efficiency of the system. In view of the issuance of the “Second Step of the Revolution Statement” and the Supreme Leader’s repeated emphasis on the need for transformation in the humanities and a review of the theoretical foundations of law and the evolutionary transition from Western theories to the production of religious science, is a vital prerequisite for establishment of justice and civilizational progress. Neglecting this important issue will cause irreparable damage to the identity and efficiency of the system. This research, using a descriptive-analytical method and collecting information in a library manner, has conducted a comparative study of some of the foundations of humanities and philosophy of law in Islamic and Western thought, while analyzing the statements of the Supreme Leader. The findings show that the realization of "knowledge-based Islamic judicial rule" requires a fundamental transformation in the knowledge of the philosophy of law, replacing the monotheistic foundations and judicial ideas of Islamic tradition with the material foundations and Western philosophical tradition. This transformation must be carried out by expert elites and by redefining basic concepts and propositions based on Islamic wisdom, so that while producing "religious science" and rebuilding the epistemological structure, laws are implemented based on true justice.