The Nature of the Madhaq1 of Shar’2, Hojjiyyat3 and its Role in Istinbat

The present research mainly focuses on and explains the nature of the madhaq of share’6. For the term madhaq of share’ different meanings are presented, but it is evident that the correct meaning of a term or concept must be traced back in its context of discovery and its origin place, which is here an attribute of the type of “religious school” and “sharia law”. Now, if we consider the Shar’ as a device designed by the Share’ to provide the happiness of mankind in this world and the world after, due to our inability to truly understanding of the events, a faqih or Islamic jurisprudent after doing abundant research and reaching the power of ijtihad, with the help of religious reasoning will come to a system of Shari’a in his mind. The law comes. This mental structure is the very madhaq and system of shari’a which, after being conceived in the mind of the faqih, directs him in all his arguments, and as a yard scale, it gives him the power to assess and evaluate different reasons and consequently the power to find a ruling especially where there is a nonexistence or scarcity of the related text or literature.