The rule of certitude and its place in deduction Jurisprudential rulings

Maleki, Mohammad Amin; Sajedi, Mahdi

doi:10.30497/irj.2022.76390

The rule of certitude and its place in deduction Jurisprudential rulings

Document Type : Original Article

Authors

Mohammad Amin Maleki ¹

Mahdi Sajedi ²

¹ Assistant Professor, Department of Islamic Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

² Assistant Professor of Qur'an and Hadith University, Qom, Iran

10.30497/irj.2022.76390

Abstract

The present research examines the validity of the rule of certitude and the effect of accepting the validity of this rule in deduction Jurisprudential rulings. Undoubtedly, the acceptance of this rule is dependent on the acceptance of the implications of the narrations mentioned about the validity of Istehhab, and although the famous late Usulists believe that Istehhab traditions do not have the comprehensive authority for both the rules of Istehhab and certitude, and therefore they have removed the institution of the rule of certitude from the evidence of Istehhab, but in their opinion It seems that among the narratives of Istehhab, the narration transmitted by Mr. Sadouq (may Allah be pleased with him) can prove the validity of this rule in its minimal interpretation - i.e., the signing of works based on prior certitude and ruling on the validity of past actions based on that certitude - if the document and evidence are accepted. Also, in the supporting documents of the Wrappers (Faraq) and Passing (Tajavoz) rule, there are interpretations that can be positive for the certitude rule in its minimal interpretation.

Keywords

rule of certitude

certitude

Wrappers (Faraq)

Passing (Tajavoz)

Istehhab