Examining the criterion of appropriateness of the sentence and the subject and distinguishing this analogy with other reasons for the development and narrowing of the sentence

Document Type : Original Article

Authors

1 3rd level student of Qom seminary

2 A graduate of the fourth level of the seminary of Qom, a professor of the higher levels of the seminary and a teacher of the Al-Mustafa Al-Alamiya community

Abstract

One of the challenges that jurists face when dealing with Shari'i proofs is whether the said ruling is specific to the same issue mentioned in the proof or is it applicable to other issues as well? Does the sentence include all instances of its subject or only some instances of it? One of the most important rules of proof of evidence is the compatibility of the sentence and the subject in the evidence. Consistency, harmony and common sense or rationality between the ruling and the subject, which is obtained from the connection between the subject and the ruling, the suitability of the ruling and the subject, which can lead to expansion or narrowing in the area of the signified argument. On the other hand, the causes of development and narrowing are not exclusive to this evidence, and there are other evidences such as the abolition of character, revision of manat, etc., which should be distinguished between them according to the appropriateness of the sentence and the subject. This practice is common among Shia and Sunni jurists. In this article, an attempt is made to define, explain and present the criteria of this analogy, to distinguish it from other means of development and narrowing, and to check its validity.

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Articles in Press, Accepted Manuscript
Available Online from 13 November 2023
  • Receive Date: 29 April 2023
  • Revise Date: 10 July 2023
  • Accept Date: 13 November 2023