Applicability and restriction, difference or unity of opinions of reformed scholars

Articles in Press

Document Type : Original Article

Authors

• Said Ahmadifard ¹
• sayede zahra sakhaie ²

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

² Level 3 student of seminary

10.22067/jfiqh.2024.84672.1656

Abstract

The opinions raised in the contrast between application and constraint appear in the differences of scholars because they put forward different opinions such as the contrast of negation and affirmation, the contrast of contradiction (with two different expressions) and the contrast of absence and queen. Ayatollah Khoi proposed the discussion in two positions of proof and proof, they chose opposition of contradiction as proofs and non-existence and queen as proofs, but in this article, citing the customary nature of the discussion of application and restriction and the following of custom, firstly, both in the position of proof and in the position of proof of restriction We considered existence and reference as nonexistence. Secondly, he resolved the difference of scholars in the position of proof and by stating two types of explanatory application (essential-utilitarian meaning) and protest application (momentary-serious meaning) among different opinions of scholars, by carrying the theory of opposition of contradiction on the explanatory application and the theory of opposition of absence and queen on We succeeded in protesting. Thirdly, in the position of proof, by stating the three forms, we showed the difference to the third form (where it is not possible to prove and prove) and by referring to the commonness and the discussion of words being absolute and bound, we proved in the third form, including the secondary divisions And in the first divisions, there will be no reference, but the address is ignored, unlike the late Naini who says that the address is neglected only in relation to the secondary divisions and relying on the transformation of binding to the secondary divisions.

Keywords

• opposition
• application
• restriction
• secondary divisions
• transformation

Main Subjects

• Principles of jurisprudence

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