The Validity of Certainty and the Possibility of violating And rejecting and negating it.

Articles in Press

Document Type : Original Article

Author

• Seyyed Mohammad Hasan Momeni

Assistant Professor, Department of Jurisprudence and Law,, Allameh Tabataba’i University , Tehran, Iran; Senior Professor of Islamic Seminary of Qom. Iran.

10.22067/jfiqh.2024.84699.1660

Abstract

Most scholars of the Osoul believe the validity of discovery certainty and its authority comes from its nature and based on the judgment of reason and it is inherent authority. the certainty itself is the reason for its credibility and authority. Because it is not possible to negate neither the essence nor each part of it from the essence. there is no possibility of violation of validity and authority of certainty and it leads to a contradiction in Sharia rulings from the view of the one who is sure. Recognizing that the error certitude (al-Jahl al-Morakkab) is possible in each discovery certainty, I endeavor to prove that it is possible to negate the validity of certainty, and the Sharia to deter and forbid to act on it. The article, with descriptive analytical method, stats that since the certainty is later than reality and because of dominant and rule position for Sharia, it is possible to forbid acting upon it.

Keywords

• Discovery certainty
• thematic certain
• inherent authority
• instructional prohibition
• mandatory prohibition

Main Subjects

• Principles of jurisprudence

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