Evidence of Intellect and its Status in the Legal Attitude (Sīra) of Muḥaqqiq Ardabīlī
Journal Title: فقه و اصول - Year 2014, Vol 45, Issue 95
Abstract
Given the importance of the evidence of intellect (dalīl-i ‘aql) in inferring legal rulings, especially in new issues, examining the evidence of intellect would help a better use of the evidence of intellect. Examining the legal attitude (sīra) of Muḥaqqiq Ardabīlī as an influential jurist in development of jurisprudence is befitting and praiseworthy in proving this issue. For this purpose, his discursive and theological (uṣūlī) legal texts have been examined on the basis of content analysis method and his legal judgments have been examined one by one. The results of the research indicate that Muḥaqqiq Ardabīlī has abundantly employed intellect and has derived different meanings from it. The most part of it has been the perception of intellect in recognition of the limits of the ruling and its conditions. He has plentifully utilized intellectual analysis in the interpretation of the Qur’ān. He has also used the intellectual analysis of the Qur’ān in the inference of rulings. Muḥaqqiq Ardabīlī maintains that intellect can perceive good and evil and consequently issue the necessary intellectual ruling. He has sometimes used the evidence of intellect along with other evidences parallel to them, too. He has used the evidence of intellect in proving the practical principle of continuance (istiṣḥāb) of the principle of permissibility (iṣālat al-ibāḥa).
Authors and Affiliations
Seyed Mohamad Moosa Motalebi, ḤAsan JamshīDī
Keywords
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- EP ID EP184413
- DOI 10.22067/fiqh.v0i0.11451
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