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Paper Information

Journal:   JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW   fall 2018-winter 2019 , Volume 11 , Number 22 ; Page(s) 77 To 119.

Understanding the Legal Reason of the Transmission of Precepts from Nass to Other Cases in the Viewpoints of Islamic Sects

Author(s):  Samiai Taha, VAEZI SEYYED HOSSEIN*
* Department of Theology, Khorasgan Azad University, Isfahan, Iran
Achieving a criterion for understanding the divine precepts is one of disagreed discussions among the Islamic jurists. The present study aims at reviewing different methods of discovering a criterion from the perspective of Islamic sects. The method of this study is analytical descriptive with the focus on library studies. Research findings indicate that from the perspective of Islamic scholars, there are different ways for understanding religious orders including Qiyas Mansus al-Ellat/analogy with reasoning, Qiyas Ovlaviyat/priority analogy, and Tanqih Manat Qat'ee/stating the order with reason. From among the other ways of using the criteria of the precepts Nass/Quran and traditions, Ijma/ consensus, Qiyas/ analogy, Isteqra/induction, Manaseb/ having connection, Omum Badaliyat/understanding the reason by similar cases, Sebr o Taqsim/assigning a definition for omitting others, hint and indication, Shobbah/using similarities for attributing to a main order and so on can be named. After stating the mentioned cases, the way of using them and the reasons of their users have been briefly expressed and analyzed.
Keyword(s): Discovering a criterion,Islamic sects,Qiyas,Nass,Ijma
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