The validity of the positive principle according to hadiths

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 10 March 2024   

Document Type: Original Article

DOI: 10.22067/jfiqh.2024.83534.1615

Author

Ehsan Mehrkesh^*

Professor of Qom Seminary

Abstract

For the difference between Usul and Emirates, several aspects of difference have been mentioned; The differences of "objective", "false", "substantial" and "difference from the perspective of evidence" are things that can be seen in the books of Usuli and some books of jurisprudence for the difference between these two categories, and because of these cases, the majority of Usuliun and The jurists have considered the UAE's accessories as proof and described the principles' accessories as non-jeebite. This difference has a direct effect on many materials of jurisprudence and principles; "Proof of inheritance for the heirs when the death of the parent is unknown", "Proof of purity when there is doubt about the existence of an obstacle", "Second and third type of general assimilation", "The flow of the original in the main and secondary obligation" and "Istihab of eternal non-existence" are only some of the issues. It is jurisprudence and principles that accepting or not accepting the positive principle leads to a completely different opinion for the mutkafel, and not having a correct basis leads to

Keywords

the positive principle; Emirates; Istihab

References