Analyzing the arguments of the opponents of the authority of the taste of the Sharia based on the analysis of the forms of reference to the taste of the Sharia

Articles in Press

Document Type : Original Article

Authors

• said Ahmadifar ¹
• Somayeh Mahdieh ²

¹ Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Faculty of Theology and Islamic Studies, Mazandaran University, Babolsar, Iran

² Professor at Payam Noor University of Aran and Bidgol and a seminary teacher

10.22067/jfiqh.2023.81317.1548

Abstract

The present article is written with the aim of analyzing the arguments of the opponents of the authority of the taste of Sharia, focusing on the forms of reference to the taste of Sharia, with a descriptive and analytical method and based on the collection of information and data in a library manner.There is a difference of opinion among jurists regarding the validity of Sharia's taste in deriving Sharia rulings. The findings of the research indicate that "taking advantage of the corrupt sequence" and "not mentioning the taste of the Sharia as an independent source of jurisprudence" are among the reasons given by jurists for the lack of validity of the taste of the Sharia. The meaning of the list of corruptions mentioned is "probably the origin of the taste of Sharia", "confusion between the two titles of hypothesis and theory" and "creating a floating meaning for taste".The analysis of the evidence of this group of jurists based on the analysis of the forms of reference to the taste showed that some of the claims and the list of corruptions raised are correct and some are incorrect, and at the same time, other reasons have been presented for the lack of authenticity of the taste of the Sharia, which strengthens the claim The lack of authenticity is the taste of Sharia.

Keywords

• the taste of Sharia
• Lack of authenticity of the taste of Sharia
• Forms of reference to the taste of Sharia
• Evidences for the inference of Shariah rulings

Main Subjects

• Principles of jurisprudence

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