mohammadjavad salmanpour

The theory of subjective considerations (i’tibāriyāt) is an epistemological theory that has had a significant influence in various domains of knowledge. The Principles of Jurisprudence is one of the most important sciences where the theory of subjective considerations has been foundational, and ‘Allāmah Ṭabāṭabā’ī, in his book "Al-Kifāyah with annotation", has utilized this theory to explore the issues of this major science. According to him, "command and prohibition" are subjective matters, and the consequences of subjectivity is the leadership. Command is the act of associating and connecting the desire and will to another action. One of the most contemporary issues in the domain of command in the Principles of Jurisprudence is the problem of the unity of desire and will, where scholars like Ākhūnd Khurāsānī have endorsed unity of desire and will in terms of meaning, creation, and the outside. However, ‘Allāmah Ṭabāṭabā’ī has addressed this issue in the three domains: linguistic, usūlī and rational. He utilizes the implications of the theory of subjective considerations to explain and resolve it.

It is related in the Qur’an that after being expelled from the divine sanctuary, Iblis attributed his misguidance to God by the phrase bi mā aghwaytanī (As you have consigned me to perversity). Some interpreters have considered the statement by Iblis to be true and some have considered it to be false, and made this confirmation or denial the basis for bringing up the issue of predestination and free will.This research has reached the following conclusions by examining the interpreters’ opinion:Some interpreters have kept silent due to lack of dealing with the issue.Believers in predestination have considered ighwā’ (perversity) as meaning misguidance and have implied jabr (predestination) from it.Some believers in Divine Justice, despite having considered Iblis’s claim to be true, have interpreted ighwā’ in such a way that it does not imply God’s Injustice and creatures’ predestination towards sin.Some other interpreters have considered Iblis as false and malicious in this claim due to sensing predestination from the word ighwā’.Although having considered Iblis’s words to be true, Allāma Ṭabāṭabā’ī, in order to avoid predestination, has considered ighwā’ to be a secondary perversity and the result of Iblis’s own wrong choice.

Theory of conventional perceptions is one of the innovations by Allame Tbatabaei. By introducing this theory, he has significantly influenced various sciences and provided new opportunities. Science of Usul al-Fiqh has also been greatly affected by this theory. Allame Tabatabaei considers Usul al-Fiqh as a conventional science and believes that unlike real sciences, what distinguishes these sciences is their purpose. In addition, Allame considers Usul al-Fiqh as a science that speaks about the rules set by the wise, which is also a result of the theory of conventional perceptions. Although this theory has solved many problems of Usul al-Fiqh, it also has some drawbacks; for example, there is doubt about the conventional nature of Usul al-Fiqh, the appellation of sciences and the conduct of the wise and its validity. In the present paper, through a descriptive-analytical method, this change in the subject-matter of Usul al-Fiqh has been explained and some criticisms have been discussed.

Allamah Tabatabaii’s theory of mentally-posited perceptions is an innovation in different fields achieving cognitive outcomes. Having adopted a descriptive-synthetic approach in their article, the authors tried to sum up Allamah’s ideas in his various works and then to present a new classification of his theory in terms of the source of those perceptions unmentioned in his works.  The authors have summed up Allamah’s theory that the source of mentally-posited perceptions might be proposed at two levels: individual and social. At the social level, the source of mentally-posited perceptions can be the Wise or the Law-giver each of whom have their exclusive characteristics. The study of those characteristics helps us not confuse one for another. Some characteristics are common between the Wise and the Law-giver; for example, both observe expediency and the good or bad, have real influence and guides toward happiness. However, unlike the mentally-posited perceptions by the Wise, those posited by the Law-giver do not stem from our needs or feelings. They have their own different instances for the perfection of man. Furthermore, mentally-posited perceptions have no room in Divine Presence.

The discussion on the possibility and how to change the juridical instructions has attracted the attention of different intellectual currents and scholars have investigated it through different basics and motivations. The basic issue in this study is to explain the accurate meaning of “changing instruction” and analyzing the mechanisms of its venue; so that it clarifies whether this nomination is accurate and real or it is tolerant or virtual? The undesired effects of incorrect understanding of meaning and factors of changing instructions, especially the doubt on religious instructions temporality clarify the necessity to conduct such study. According to the results, factors including changing subject substantially, changing subject descriptions, changing the title of derivative in subject, changing the reason of instruction and…may –idiomatically- lead to the change of instruction; but all these factors are under the comprehensive title of “changing subject”. Accordingly, the expression of instructions change has tolerance and what happens in reality is that all fixed instructions of sharia are activated following the comprehensive achievement of their subject and by subject being disrupted, the previous instruction becomes inactivated and another fixed instruction activates. The mentioned result besides the verbal application in answering some doubts, offers a clearer understanding of overlap between instruction change and subject change before researchers.

Relativity of jurisprudential understanding of the Qur’an and tradition is what forms their external meanings. Many of the discourses on the principles of jurisprudence are organized to understand this layer of text and scholars of this field have numerous disagreements and finally they have differed in understanding the external meanings. These differences do not lead to absolute relativism of religious understanding of the Qur’an and traditions and despite some claims they do not cause the human understanding of religion by jurists. In judgment of this realm lots of inaccuracies have taken place. In this paper after studying the different meanings of relativity and presenting reasons for moderate relativity of understanding of religious binding text, the absolute relativity has been refuted and some confusion in this field has been pointed out. In order to prove minor relativity of understanding external meanings, mostly the reasons of disagreement among jurists in understanding the appearance of the Qur’an and traditions has been dealt with.

Sedition-makers have resorted to various ways in order to reach to their intentions during the history. Although the sedition-making’s field has usually been ready intentionally and unintentionally in the past, and then, some influential people has been put in this field to sedition-making, but gradually sedition-makers made sedition by previous plan or by some year research about customs, history, geography, some issues on sociology and psychology of a society, they used the most effective tricks in each society. The sedition-makers’ tricks in traditions and Quran’s viewpoint are as follows: opportunism, sabotage, trouble-making in the Islamic system, lame excusing, justification, to engage in slogan, to use some attractive and demagogue religious symbols, to keep up appearance, to make rumors, to cast doubt, to cause division among people, to establish sedition center in the form of civil organization, to threat to lack of security and terrorist operations.