Methodological criticism of focusing on the text of Shari'i addresses as expressions of narrative evidence

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 09 March 2024   

Document Type: Original Article

DOI: 10.22067/jfiqh.2024.84380.1640

Authors

Mahdi Geramipour^{* 1}; Mostafa Jamalbaghi²

¹Assistant Professor of Jurisprudence and Jurisprudence Department of Qom University

²Third level student of Qom Seminary

Abstract

The jurists have accepted a Muslim principle called "the rule of custom" regarding the understanding of the appearances of Shari'i texts, according to which the validity of all the appearances claimed in verbal proofs depends on the conformity with the customary understanding of the text of the proof. However, there is a wide spread of a special behavior in understanding the address among them, which is not mentioned in the basic books about this way and why. In this way, the Shari'a address, which actually has a method in discovery, has been given subjectivity and the text of the reason has been considered as the reality of the law itself, and in many cases there has been an excess in the interpretation of meanings.

This article aims to investigate and criticize this method and its results in the position of manifestation with a descriptive-analytical method. The origin of this type of manifestation in the words of some jurists is the protest-oriented use of evidence, which is criticized for being irrational, and another criticism is related to the way of recording and transmitting the main evidence.

Keywords

Common sense; manifestation; verbal reason; lawful address

References