Principles of Jurisprudence

Principles of Jurisprudence

Examination of the Nature of Conditional Rulings with Emphasis on Ayatollah Sayyid Muhammad Saʿīd al-Ḥakīm’s View

Document Type : Original Article

Author
بدون وابستگی
Abstract
The examination of the nature of declaratory rules (aḥkām waḍʿī) has led to various opinions and perspectives throughout its historical development. This study uses a descriptive-analytical method and library resources to investigate the nature of declaratory rules with a focus on the views of Ayatollah Sayyid Muhammad Saʿīd al-Ḥakīm (may he rest in peace). The review of opinions reveals three main perspectives: the independent creation of all declaratory rules, the derivative creation of declaratory rules, and a detailed view distinguishing between different types of declaratory rulings. The first perspective is attributed to some early Uṣūlīs, the second to Sheikh Anṣāri, and the third to Ᾱkhūnd Khurāsānī. Ayatollah al-Ḥakīm supports the third perspective but differs from Ᾱkhūnd Khurāsānī in details. According to him, most declaratory rulings are independently created, only a few, like causality, are derivative, and some, like validity and invalidity, are real matters without any ruling.
 
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