An Exploration into the Criterion for Dividing the Jurists into Akhbari and Uṣulian

Dividing the jurists into akhbārī (traditionist) and uṣūlī (legal theorist) is the most important division that dichotomizes the Imāmī jurists into two groups. In jurisprudential and legal (uṣūlī) books, there are many instances of characterizing a jurist as akhbārī or uṣūlī, but what is important in this division is the criterion for this division. What is manifested in the first place as the criterion for division is the remark made by the jurist in terms of his being akhbārī or uṣūlī and the akhbārī or uṣūlī dimension of the masters or disciples of that jurist. By a preliminary study, the non-efficiency of these criteria is manifested. However, another possible criterion widely addressed in this writing is the differences between the akhbārīs and uṣūlīs that are mentioned to be over a hundred in number. In case these differences are real and important, a criterion can be obtained and it can be realized as to which category of jurists a jurist would belong. Nevertheless, by examining and categorizing these differences, it would be figured out that these differences are not the criterion for dividing the jurists, nor is there any accurate criterion for this dividing.