The Nature of Certitude in Epistemological Terms and the Necessity of Formulating Uṣūlī Material on its Basis
Journal Title: فقه و اصول - Year 2017, Vol 49, Issue 108
Abstract
Jurisprudence and Fundamentals of Islamic Law, Tehran University In the methodology of Islamic jurisprudence (‘ilm al-uṣūl), the decisive belief of the religiously accountable (mukallaf) is called certitude (qaṭ‘), which is extended from knowledge to double ignorance. In categorization and explanation of ‘ilm al-uṣūl, the psychological aspect of certitude has been highly emphasized and its epistemological aspect has been neglected. Apart from this issue, careful consideration of the dispersed discourses of the authenticity of certitude indicates that from the viewpoint of the uṣūlīs the authenticity of certitude is ultimately centered around the existence of its epistemological rather than psychological fundamentals, although their approach in stating views and arranging them has been paying special attention to the psychological aspect of certitude. It is attempted in this writing to explain the necessity of paying attention to the epistemological fundamentals of certitude and clarify the benefits of this approach. Furthermore, this approach is more compatible with theological and narrative principles and provides the possibility of comparison between the discourses of authenticity in ‘ilm al-uṣūl and the discourses concerning the justifiability of propositions in epistemological sciences.
Authors and Affiliations
Ali Reza Hudaee, Muhammad Reza Hamidi
Keywords
Related Articles
- EP ID EP191170
- DOI 10.22067/fiqh.v0i0.42561
- Views 125
- Downloads 0
Examining the Principles of Legitimacy of the Nullifying Condition in Shī‘a Jurisprudence
A little deliberation on the contents of the contracts concluded between the real and legal persons reveals that nowadays the nullifying condition is gradually being included as one of the conditions of contracts. The le...
The Extent of the Validity of Isolated Tradition (Khabar) in Muḥaqqiq Ardabīlī’s School of Thought
One of the most highly applicable evidences for inference of legal precepts is the isolated tradition, whose acceptance, rejection, or limitation is highly effective in the consequences of inference. Muḥaqqiq Ardabīlī, a...
The Basis for Civil Responsibility or Liability Resulting from the Failure to Fulfill a Commitment
Civil responsibility, meaning to undertake to compensate the damage, is divided into two types of conventional and natural responsibility. The difference of these two lies in the existence of a conventional relation betw...
The Theory of the Permissibility and Soundness of Buying and Selling Human Organs in Imāmī Jurisprudence
Buying and selling human organs is among the newly-arisen jurisprudential issues, about which the Imāmī jurists have opted two theories in response to this issue. Some of them have regarded the situational decree of buyi...
An Analysis of Suspension in Cancellation of Contract in Imāmī Jurisprudence and French Law
Despite the claimed consensus concerning the cancellation of suspension in signing a contract, certain suspended institutions (established laws) can be found in Imāmī jurisprudence, which are very similar to "suspension...