The Wife's Inheritance from the Irremovable Property With an Emphasis on the Principles of the Uṣūlīs in Disconnected Universal and Particular

After studying the viewpoints of the uṣūlīs concerning the disconnected universal and particular, in order to find out how custom (‘urf) encounters this issue, the definitive ruling (iftāʼī) and didactic traditions are separated from each other and it is clarified in a legal case study in one of the challenging legal problems that in the arguments of “inheritance of the wife from landed property” that part of the discourse of disconnected universal and particular is efficient, in which the universal is prior and the particular is posterior and both are didactic and mutually negating (mutināfī), the reasons are not interpretive to one another, and the particular is issued after practicing the universal. Since in this case, custom creates a contradictory relation between didactic disconnected universal and particular, we have to refer to the principles of balance and preferences. Furthermore, while examining the uṣūlī approaches, the degree of the uṣūlīs’ loyalty to their principles in jurisprudence is touched upon.