Revisiting the authority of “alidjma almadraki” (idjma with known origins)
Journal Title: فقه و اصول - Year 2016, Vol 48, Issue 106
Abstract
Non-authority of “alidjma almadraki” (idjma with known origins) is a topic frequently raised in the Usulis’ contemporary literature. In this paper, the authority of “alidjma almadraki” has been studied through revisiting this idjma since the introduction of idjma in general by Shia scholars up to the present. The results of this study show that based on all foundations raised to prove the authority of idjma (hiss (intuition), lutf (benign), hads (surmise), etc.), one may assert that such idjma has authority or at least plays an important role in determining the minor premise of apparent meaning of sharia evidences and compensating for imperfection of their indication. Therefore, one may not consider idjma invalid and exclude it in deducting sharia percepts merely because its origins are known.
Authors and Affiliations
Balal Shakeri
Appointment of Women as Judges in Shaykh Ṭūsī's Jurisprudence – Tracing the Roots and Analysis
propounded by Shaykh Ṭūsī in his Al-Khilāf and Al-Mansūṭ, following the Sunnī's example. As one of the dignitary figures in the history of Imāmī jurisprudence, Shaykh Ṭūsī has played a great role in the qualitative and q...
Study of Muḥaqqiq Isfahānī’s Viewpoint on Ownership, Right, and Decree
The ownership that involves transactions and barters is subject to the validity of the intellectuals and the lawmaker, which is created by hypothetical (i‘tibārī) existence and can somehow be called a hypothetical relati...
An Inquiry into the Legal-Theological Rule of "Non-Reprimand and Unaccountability of a Person Versus another Person’s Action”
One of the significant legal-theological rule, which has drawn little attention in legal texts, is the rule of “not reprimanding a person for another person’s sin and the unaccountability of the person for other people’s...
Enumeration of Legal Punishments Crimes in Imāmiyya Criminal Law: Causes for Multiplicity of Opinions and the Necessity of Reckoning (Iḥsā’)
Studying the nature of legal punishments (ḥudūd) and legal misdemeanors deserving these kinds of punishment – which along with discretionary punishments (ta‘zīrāt) are regarded as the most important criminal reactions to...
Searching into the Evidences on the Inclusiveness of Discretionary Punishment
Concerning the prohibited or obligatory actions for perpetrating or abandoning of which no punishment has been established, the act of determining discretionary punishment is entrusted to the Muslim judge. An important a...