ʻAllāmah Martyr Ṣadr’s Innovations in the Science of Uṣūl as a Theory of Inference

Jurisprudential methodology is one of the issues of fiqh philosophy and also a description of the process of obtaining jurisprudential knowledge. Studying the jurisprudential works of Martyr al-Ṣadr from a methodological point of view shows that he organized the method of jurisprudence in two stages; theory and comparison (taṭbīq). “Theory” means the common elements and “comparison” means the specific elements in inference processes. His creativity and innovations in the issue of common elements have opened new and different horizons in the analysis of jurisprudence issues. Providing an explanation of these innovations in the theory stage leads to the re-examination of the dimensions and sides of his methodological point of view. In order to determine the position of common elements in jurisprudential inference, Shahīd al-Ṣadr has provided an innovative structure and also provided a new content system. In terms of content, she has mentioned the truth and levels of rule (ḥukm), Tazāḥum-e Ḥifẓī, analytical relation in the literal meaning, the rational attitude (sirah al-ʻuqalāyī), ḥisāb al-iḥtimālāt, ḥaqq al-ṭāʻah, etc. How these elements influence the emergence of different jurisprudential results is considered a clear press. The descriptive-analytical method in the processing stage and the library method in the information gathering stage have been used in the present study.