نوع المستند : مقاله پژوهشی
المؤلف
استاد مساعد في المعهد العالي للعلوم والثقافة الإسلامیة. قم. إیران.
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلف [English]
he well-known reason due to obstruction, in the structure of contemporary Imamiya Usul Fiqh, is being criticized and examined in order to validate the mujtahid's absolute suspicion of rulings and ways to reach them. Researching Imamiya and Sunni Usul Fiqh shows that the traces of this reason have a long history in both areas of Usul Fiqh. Due to the possibility of using Usul Fiqh from this source in solving novel jurisprudential issues, the main question of this article is the possibility and how to use this. By dividing novel issues into a category whose main content is based on time and place and is recognized and determined by the legitimate Islamic government as a comprehensive set of government rulings and the category whose novelty is caused by the new occurrence of a jurisprudential issue, we have evaluated the application of the reason of obstruction in each of the two categories. The result, based on the analysis and examination of the reason for the obstruction, has been the unique support of the reason for the obstruction of the first category validity, by using the framework of comparative Imamiya and Sunni Usul Fiqh. However, in the second category, the validity of the reason for obstruction has been rejected. The topic, main content and results of this research are the novelty of this article and have no previous background.
الكلمات الرئيسية [English]
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