The role of history in the process of jurisprudential inference

Document Type : Research Paper

Author

Member of the faculty of Al-Mustafa International University

10.22081/hiq.2023.61529.2192

Abstract

The influence of the knowledge of history in discovering the narrated sources of jurisprudence, especially tradition, which is widely used in inference, is worthy of the attention of scholars of jurisprudence and history. In the view of the inference, the Shari'a tradition, consistent news and consensus are the sure ways to achieve the Sunnah and play an important role in cases of lack of narrated evidence, ie the Qur'an and narrations. The connection of the Shari'a tradition with the age of presence is one of the necessary tools for its validity, and its proof requires valid historical research. The emergence of a convincing phenomenon of frequency in the news of the hostage of historical information compared to the men of Asanid in different historical classes up to the time of the Infallible (AS). Finally, the study of consensus, which is a special task in order to achieve a definite opinion of the Imam (AS), is not possible without referring to the history of the jurists and being aware of the jurisprudential opinions in different periods. Knowing the examples of the subjects of rulings, especially the related subjects, and recognizing the philosophy of issuing historical rulings from the rulers of Sharia are other areas of role-playing in history.

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