Reference to continuance (istishāb) for proving the permissibility of primary emulation of a deceased mujtahid
Journal Title: فقه و اصول - Year 2016, Vol 48, Issue 104
Abstract
Continuance is one of the most important reasons for the permissibility of primary emulation of a deceased mujtahid regarding those issues for which he has a fatwa. It has been reported in four different formulations. And in its critique, various notions have been suggested: the abrogation of the matter or subject, its being suspended, the continued matter or ruling (the mustashab) being neither jurisprudentially made and nor exerting juristic effects, and the lack of authority. In response, different points were advocated: the adequacy of the fatwa issuing for the permissibility of emulation and the definiteness (being unconditional) of continuance and the position for the actualization of doubt, and thus its having juristic effects and the reality of juristic issues. Consequently, by using the method of analysis for principle (usūlī) issues, continuance in the permissibility of primary emulation is considered as valid.
Authors and Affiliations
Mohammad Javad Enayatirad
Keywords
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- EP ID EP190676
- DOI 10.22067/fiqh.v48i24.25608
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