The Clarification of the rule of "Adam al-Dalīl,Dalīl al-Adam" and Its Reflectionin the Criminal Chapters of Jawāhir al-Kalām

The rule of "Adam al-Dalīl, Dalīl al-Adam" states that if the exploration of reason and lack of attainment of it results in the prevailing suspicion of its absence, by the suspicion of lack of reason the prevailing suspicion of non-legislation of the sentence and duty can be concluded. Therefore, this rule is a rational rule that expresses suspicion and cannot be invoked if the first principle of sanctity of suspicion is accepted; because there is no proof of its authority. The lack of authority of the rule of lack of reason is undeniable according to the rules of Usūl, however, documentation and argument based on it is also undeniable in jurisprudential books. Mojtahids' arguments using this rule can be considered as a kind of distance from their basic principles in jurisprudential inferences. In the criminal chapters of the great book Jawāhir al-Kalām, many cases have been argued based on this rule. Retaliation in the sanctuary, lack of similarity in the quality of retaliation of the eye, concentration in the ransom, sharing of the wise in excess of the ransom and joining henbane to intoxicants are among the issues that the author of Jawāhir also relies on the rule in order to prove his point of view. The proper justification for explaining why the author of Jawāhir adheres to this rule is his assurance through it.