Intellect and its Application in Fayḍ Kāshānī’s Jurisprudential Thought
Journal Title: فقه و اصول - Year 2015, Vol 46, Issue 99
Abstract
Given the importance of intellect in inference, especially in new issues, it is befitting to study the jurists’ works, such as examining the jurisprudential mode of life (sīra) of Fayḍ Kāshānī as an influential jurist in the evolution of jurisprudence in proving the above issue. To this end, his various books have been examined on the basis of content analysis method and every one of his legal judgments (fatwas) studied. The research outcome indicates that the late Fayḍ considers the meaning of rational proof as a concept dedicated to the Prophets and regards the exigency of rational proof to be obedient to this intellect and somehow views the commonly known intellectual to be presumptive. He regards the people of ijtahād (legal reasoning) to be on the wrong path; and yet in some instances, he frequently uses rational proof and rational evidences along with scriptural proof. Therefore, it seems that he has used three concepts of intellect in his statement without asserting it: first, the concept that he considers intellect as dedicated to the Prophets and others deprived of it and at the same time useful and applicable in inference. Second is the concept of independent intellect, which in his view is not used in the process of inference. Third is a concept of intellectual proof that he has frequently used and is more used in perceiving the legal commands.
Authors and Affiliations
Seyed Mohamad Moosa Motalebi, ḤAsan JamshīDī
Keywords
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- DOI 10.22067/fiqh.v46i19.20522
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