An Inquiry into the Issue of "Prohibition of Lahw" as a Jurisprudential Rule
Journal Title: فقه و اصول - Year 2009, Vol 41, Issue 83
Abstract
This article is a research concerning the issue of lahw (vain pursuits) from the jurisprudential point of view to answer the question as to whether it is possible to prove the prohibition of lahw as a jurisprudential rule. The discussion originates from the fact that in various problems some jurists make reference to the prohibition of lahw to prove a ruling, to the extent that they have taken it as granted. Whereas, the topic of lahw severely suffers brevity of concept and provision of evidences for being prohibited (ḥarām). The discussion is pursued in a legal method with an emphasis on "the role of Qur'anic propositions in legal inference" and "contextual analysis of traditions". In this research, after the conceptology of lahw and the related words, the verses and traditions concerning this issue are analyzed and the conclusion is made that the topic of lahw can have one of the four rulings of prohibition, repugnance, permissibility, and preference – depending on the case. In the same line, some instances of the jurists making reference to the prohibition of lahw to prove a ruling are critically reviewed and the necessity of revising certain legal opinions is pointed out.
Authors and Affiliations
JawāD ĪRavāNī, MuḥAmmad ḤAsan Ḥā’Irī
Keywords
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