Redefining Collective Rationality in Narratives and Its Jurisprudential Applications

Articles in Press

Document Type : Original Article

Authors

• Mahdi Ejtehadi Ataabadi ¹
• Saeid Nazari Tavakkoli ²
• zeynab mohammadzade ³

¹ Department of Jurisprudence and Fundamentals of Law and Thought of Imam Khomeini, Imam Khomeini and Islamic Revolution Research Institute, Tehran, Iran

² University of tehran

³ Assistant Professor of Jurisprudence and Fundamentals of Islamic Law, Imam Khomeini and Islamic Revolution Research Institute, Tehran, Iran

10.22067/jfiqh.2024.85982.1711

Abstract

The examination of the narrations of the infallibles in various jurisprudential topics indicates that they are conflicting in some cases. Scholars of the principles of jurisprudence and jurists, in order to resolve the conflicting situation and the possibility of inferring jurisprudential rulings from these narrations, have discussed the idea of reconciling the narrations and have established rules based on the customary system of dialogue, such as absolute qualification, allocation of generalities, governance and entry, precedence of text over appearance, and precedence of appearance over text, known as "customary reconciliation". However, focusing on the words and literary structure of the infallible's speech and the narrator is not sufficient to resolve all forms of conflict. This research, conducted using descriptive-analytical method and based on library sources, demonstrates that some jurists have used a method called "intellectual reconciliation" in the context of resolving the conflicts of narrations and have also considered the proportionality of conflicting narrations to the conditions prevailing at the time of the issuance of the narrations. Therefore, they have attempted to prove their convergence by collecting apparently conflicting narrations among the narrations, without focusing on the literary structure of their speech, through an examination of the social, political, economic, and cultural conditions of the era of the infallibles. This article attempts to redefine intellectual reconciliation and compare it with customary reconciliation to demonstrate the advantages and disadvantages of each.

Keywords

• Narrative
• collective rationality
• Conventional collection
• contradiction

Main Subjects

• Principles of jurisprudence

---