The subject of public welfare and public works are important issues among Muslim philosophers such as Shi'a and Sunni. On the one hand, this issue, similar to some other issues in governmental jurisprudence, has partly been influenced by verbal differences between Sunni
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The subject of public welfare and public works are important issues among Muslim philosophers such as Shi'a and Sunni. On the one hand, this issue, similar to some other issues in governmental jurisprudence, has partly been influenced by verbal differences between Sunnis and Shi'as. Accordingly, the Sunni people had paid more attention to the public aspect of public affairs due to the acceptance of caliphate sovereignty, but Shiite jurisprudents had often considered most non-governmental aspects of public affairs. The proper unity and appropriate consensus between the jurists (in their foundations and approaches to the public welfare and public works) in the expansion and limitation of the extent of the implementation of these divine commandments are not observed (although there is a consensus in the sense of affairs). This discrepancy indicates that each of them has different foundations and approaches compared to public welfare. According to the above descriptions, there are two theories and views on the excerpts of the public works. The first view is that the domain of this institution is limited to the guardianship of the estate of the orphans, insane people, and bankrupt orphans. The second view does not limit the scope of public works to specific issues and has a wider perspective than the first view, which also includes social, economic, political, and cultural issues. Even though the public works are one of the vague issues in legal affairs, legislators have not considered a comprehensive definition of it and have not provided an effective criterion for identifying it. Therefore, the main objective of this research is the comparative study of public works for the jurisprudence of Shia and Sunni jurisprudence' views by the codified statue. Also, the findings of this research show that the scope of public works in the Sunni jurisprudence is limited to the issue of Enjoining good and forbidding wrong, but for the Shiite jurisprudents, it covers everything that leads to the disorder in a social system and the fault in society. Thus, the concept of public works is beyond enjoining good and forbidding wrong.
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