muhammad nateqi

One of the basic and highly practical discussions in jurisprudence and legal theories is the authoritativeness and non-authoritativeness of those evidences and principles which help substantiate and corroborate a reason. The indications (amārah) and practical principles (usul-e 'amaliyah) can have both direct and indirect legal implications. The credibility of these implications is discussed under "substantiating arguments" or what is generally termed in Ilm al-Usul as "muthbatat adillah". Discussing the indicativeness of the amārāt (indications), some scholars of Ilm al-Usul have considered the things which are proven by those amārāt as valid and authoritative but they rule the things which are proven by the principles as invalid because of them not being exploratory (kāshif). Some other scholars are of the view that the reasons concerning the validity of the indications are general and that they extend to their implications while the practical principles are not general and that is what makes the principles different from the amārāt. Some other scholars are of the view that the reason why the facts proven by the indications are valid is not because of the generality of the reasons or owing to them being revealing; rather it is because of the normative conduct of wise men that things proven by the indications and practical principles are different and distinct and are thus treated as valid. Therefore, if the muthbatāt of indications are authoritative, it is because the sensible people consider the indications as trustworthy. Thus, when one places his trust in something, he should trust its implications as well. As for the things proved by the principle of Istishab (presumption of continuity), since the narrations impose the effects of what is certain on the certain thing itself and what is certain is certain in itself alone, not its implications, therefore the implications and effects, whether they have rational or ordinary means (wāsita) or legal means are technically out of the range of istishab.