Studying the quality of the jurisprudent's reasoning as to the rational rules in the process of inference
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
The wide disagreement concerning the question of applying the rational rules to the jurisprudence is an indicator of the necessity of a normative definition for this issue. The rational rules are created by intellection, and the jurisprudential precepts are the holy legislator`s innovation. The rule of "impossibility of oxymoron" is the root of many other rational rules, such as "impossibility of circle", " impossibility of sequence," " impossibility of some causes for the unitary effect," and so on, which their application to the different jurisprudential topics is a matter of dispute among the jurisprudents. By examining and analyzing the cases of functioning rational rules in the jurisprudence, this paper has sought to provide a criterion of applying rational rules in the process of inference. Based on the findings of this research, except in the special cases related to an external subject of a legal ordinance, the rational rules are relevant to the process of inferring the legal injunctions, because the position of jurisprudence is for the religious innovations, and the existence of them based on nass (explicit text), `orf (common sense), maslaha (expediency), etc., is valid in this regard.
Keywords:
Language:
Persian
Published:
Journal of fiqh, Volume:24 Issue: 90, 2017
Page:
99
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