The Concept, Validity, and Mechanism of Refinement of the Basis of the Ruling
Journal Title: فقه و اصول - Year 2008, Vol 40, Issue 81
Abstract
Refinement of the basis of the ruling (tanqīḥ al-manāṭ) is among the important approaches in the process of legal reasoning and inference of legal rulings. By applying this procedure, one can achieve the ruling criterion and be assured about it, and thus, contrary to the analogy in deductive form (mustanbit al-‘illa), it is accepted by the Shī‘a jurists. Those who have sufficient experience in inference of legal rulings and enjoy mastery of legal reasoning can undertake this task by annulment of specification using the method of probing and division.
Authors and Affiliations
Alī Akbar KalāNtarī
Keywords
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