validation of the lack of dissociation as a tool for edict generalization

Articles in Press

Document Type : Original Article

Authors

• Masoud Habibi Mazaheri ¹
• Mohammad Taghi fakhlaei ²
• Mohammad Taghi Ghabooli Dorafshan ³

¹ PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University, Mashhad

² Professor of the Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University, Mashhad

³ Associate Professor, Department of Jurisprudence and Fundamentals of Law, Faculty of Theology, Ferdowsi University, Mashhad

10.22067/jfiqh.2024.83097.1599

Abstract

: Lack of dissociation and multiplex consensus are jurisprudential pseudo-reasons that are often used by the Sunnites and Shiites in order to proof or generalize the edicts. The theoretical foundations of this subject, rely on the consensus on the existence of correlation between edicts of two or more issues based solely on this claim that none of the Ummah has dissociated between two issues. In this research, which has been carried out with a descriptive-analytical method, an attempt has been made to test the theoretical foundations of the discussion and the validity of the lack of dissociation as a reason or a tool for generalizing the edict. The result is that the lack of dissociation is not able to show the common requirements for issuing the same edict in two or more issues and in many alleged cases dissociating viewpoint exists or it’s possibility due to the differences is not ruled out. On the other hand, the lack of dissociation viewpoint never has the capacity to discover Ma’soum’s viewpoint. In some cases, also, the lack of dissociation itself is due to existence of the common requirements of the edict or the sameness of the edict in both sides is related to the inclusion of both sides in a common title, which makes citing the lack of dissociation useless anyway. Finally, despite the abundant cases of reference to the lack of dissociation in jurisprudential texts, its validity is hardly challenged.

Keywords

• "؛ lack of dissociation"؛ lack of dissociation viewpoint"؛ multiplex consensus"؛
• "؛ generalization of edict"

Main Subjects

• Principles of jurisprudence

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