Delving into Muḥaqqiq Khurāsānī’s View on Addition of the Fourth Premise to the Premises of Ḥikmat
Journal Title: فقه و اصول - Year 2012, Vol 44, Issue 88
Abstract
The renowned majority of legal theoreticians (uṣūliyyūn) believe that the premises of ḥikmat are three: 1. the possibility of absoluteness and limitation (iṭlāq wa taqyīd); 2. non-provision of evidence (qarīna); and 3. the speaker being in an expressive position. Muḥaqqiq Khurāsānī, however, has added a fourth premise, i.e., lack of agreed certitude in conversing face to face (takhātub). Some later legal theoreticians, such as Muḥaqqiq Nā’īnī and the disciples of his school of thought have opposed to this addition and rejected it; nevertheless, some dignitaries like Muḥaqqiq Arāqī and Muḥaqqiq Iṣfahānī have supported it.This article appraises the viewpoints and arguments of the proponents and opponents of this addition and after rejecting the view of the proponents, goes on to prove the strength and solidity of the opponents’ view.
Authors and Affiliations
MuḥAmmad Riḍā ‘Ilmī
Keywords
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- EP ID EP183262
- DOI 10.22067/fiqh.v0i0.12917
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