Terminology and paradigm shift in fact

Document Type : Original Article

Author

Hozey khorasan

Abstract

One of the interpretations cited in jurisprudential books is the term "case in fact", on the basis of which scholars in the field of jurisprudence have considered certain hadiths to be unquestionable. Some of the aspects of this term are briefly mentioned in the previous jurisprudential books.
The present article has tried to use a descriptive-analytical method to study jurisprudential and principled books and collect library documents, first to provide a comprehensive research on the concept, application and fruit of "case in fact" and then to some mistakes that have occurred about this term. To pay.
The meaning of the hadith on the infallible act or the narration of the action by the infallible, the lack of intention to legislate the action and the narration of the action and the inability of the customary plural are among the components of "qadhiyya fi rasta". The issuance of a verb in response to the narrator's question and the narrator's reference to the continuation of the verb by the infallible are among the evidences that indicate that the verb or the anecdote of the verb has been issued in the position of legislating and explaining the Shari'a ruling.

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Articles in Press, Accepted Manuscript
Available Online from 04 December 2022
  • Receive Date: 28 April 2022
  • Revise Date: 26 June 2022
  • Accept Date: 04 December 2022