The Role of History in the Process of Jurisprudential Inference with the Emphasis on the Discoveryof Tradition and Jurisprudential Decree

One of the important areas of emerging jurisprudential debates is the investigation of the role of history in jurisprudence with an emphasis on questions about the how of discovering the tradition and the origin of issuing jurisprudential decree. In this research, the role of history knowledge in the field of the two mentioned questions has been investigated using the citation-analytical method. The most important results of this research are that the three matters of proving the connection of conduct to the age of presence (as one of the certain ways to reach the authentic tradition), the development of the certain phenomenon of frequency in the news and finally the study of consensus (which is a special task in the direction of achieving certainty according to Imams ), it requires reliable information and methodical historical studies and researches focusing on the history of jurisprudence and jurists. On the other hand, knowing the examples of the subjects of rulings, especially the inferred subjects, and knowing the philosophy of issuing some fateful fatwas, such as the tobacco ban, are among the other areas of history's role-playing in jurisprudence study.