A New Look at Mawlawī (Legislative) and Irshādī (Advisory) and their Methodological Resultant

After determining the status of mawlawī and irshādī and deciding that they are attributes of commands and prohibitions and not attributes of ruling and after giving the opted definition and its advantage over other definitions، this article has dealt with the important discussion of the methodology and the measurements for distinguishing the mawlawī from the irshādī commands and prohibitions. According to different definitions of mawlawī and irshādī، the measurements for distinguishing these two are different، as well. The present article seeks to prove that alteration in the meaning and methodology of mawlawī and irshādī has entered uṣūlī discourses since the time of Shaykh Anṣārī onward، and these very alterations have caused many refutations and confirmations in the very definition and referents of mawlawī and irshādī، which have had a fixed meaning in Shī‘ī and Sunnī jurisprudence before Shaykh Anṣārī and the measurement for its recognition has also been specified. According to the writer، the same definition and measurements for distinction prior to Shaykh Anṣārī are the best in the discourse of mawlawī and irshādī and can create many changes in the content of many of the legal judgments (fatwās).