-

Assistant Professor, Private and Islamic Law Department
The jurisprudential (fiqhi) instithtion of "the intelligents' position commonsense" (bina'e oqala'), as an expression of the source "reason" (aql) in Imamiyya jurisprudence (fiqh), can in an age of globalization reconcile "stability" with "transformation" and keep the long-lasting Islamic law living and dynamic. The Crucial question is how Fiqh has confronted with the new positions of "the intelligents", and which viewpoints have been taken by Islamic jurists (fuqaha) about their authority (hujjiyya) and validity. Three main viewpoints will be investigated here, and it will be concluded that "the intelligents' position" if some criteria and frameworks be observed, has a prominent capacity to ensure vividness of the Islamic Jurisprudence and to responce to the contemporary demmands.