نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Doubts and misgivings in the discourse of Islamic jurisprudence are divided, on the one hand, into two parts: those dealing with the ruling (ḥukm) and those dealing with the subject matter (mawḍūʿ), and on the other hand, the subject-matter is something to which apply the four scientific principles including the principles of barāʾat (exemption), precaution, presumption of continuity (istiṣḥāb) and takhyīr (discretion). From the point of view of late Muḥaqiq Nāʾīnī (ra), the thematic doubt (doubt concerning the subject matter) is a doubt in the major premise (kubra) of a legal statement is known, and the doubt persists in the minor premise (ṣughra). According to Mīrza Nāʾīnī (ra), the fact that the major premise is known in a thematic doubt should not lead anyone to the false impression that the principle of exemption does not apply to thematic doubts across the board. On the other hand, the application of the principle of exemption - or any other principle - in any course of action is hinged upon the fact that there is no governing or overriding principle. In the event of a doubt pertaining to the necessity and allowableness of a contract, - which is considered as a thematic doubt - the late Muḥaqiq Nāʾīnī (ra) has revealed a principle tilted "inviolability of property" which he believe to take precedence and override the principle of exemption. This theory has been evaluated and criticized by some scholars of Islamic jurisprudence and its principles.
کلیدواژهها English