Effect of Teaching Comparative Jurisprudence in Faculties of Shari'ah in Consolidating the Concepts of Pluralism and Intellectual Freedom

Abstract

This study investigates the impact of teaching comparative jurisprudence in forming sound thought that believes in the right of having different views and opinions. as well as works to communicate with others. Furthermore, it demonstrates the impact ofteaching comparativejurisprudence in contributing to the formation of intellectual flexibility and mitigation of unilateralism, in addition to analyzing the impact of the comparative jurisprudential research methodology in establishing the principle of difference and pluralism. The study was based on the analytical method, the study concludes that the teaching of comparative jurisprudence -if conducted according to trend based on stating the importance of critical thinking and spreading the spirit of debate, and not confined to memorizing discussions, responses, appeals and objections; contribute to consolidate the concepts of pluralism and intellectual freedom; since the teaching of comparative jurisprudence based on a system of thought entrenched these concepts. The most remarkable aspect of that system is to accept the other opinion and determine the area of agreement and disagreement, and it shows clearly in resolving dispute area in the approach of studying comparative jurisprudence, as well as a focus on constructive critical thinking through discussing the evidences in the approach of studying comparative jurisprudence; In addition to believing in pluralism and not compelling others on accepting one viewpoint through making a comparison among jurisprudence viewpoints and basing on jurisprudent principle that not to reject provisions change because of times and places change.