A Research on the Role of Ijtahād in Discernment of the Objects of Rulings
Journal Title: فقه و اصول - Year 2009, Vol 41, Issue 82
Abstract
In the process of inferring legal rulings, as discussion about the ruling is essential, the discussion and examination of the "object of ruling" and what is involved in determining this object is also indispensable. The objects of rulings are specially varied and various elements are effective in their discernment. Among these elements, ijtahād (legal reasoning) has prompted widespread discussions. In the present research the role and degree of the impact of these elements on the discernment of the objects of rulings are discussed in two fields of conceptual discerning and proving applicability. This role in conceptual discerning is also followed up in three sections of plain, legally implied, and conventionally implied issues (questions). Of these three instances, ijtahād is involved only in legally implied issues. Concerning conventional topics, although the commonly used ijtahād is not exclusively involved, the jurist's expression of opinion is partially permissible and in some cases even essential. On the other hand, the commonly used ijtahād can not be regarded as an effective element in the stage of proving applicability (discernment of external issues).
Authors and Affiliations
Sayyid Ja‘Far Alawī GunāBāDī, MuḥAmmad Taqī Fakhla‘ī
Keywords
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