Examining the Historicity of the Sunnah from the Point Of Wiew of Na’ini and Sadr: through the Lens of "Hokumat Mashrutah” and ”Mantiqatu al-Firāgh”

Articles in Press

Document Type : Original Article

Authors

• Marjan Gholami ¹
• Mohammad Mahdi Ajilian Mafogh ²
• Mahdi Ahmadi ³

¹ PhD student, Department of Quranic Sciences and Fiqh, Faculty of Theology and Islamic Studies, Shiraz University

² Assistant Professor of Quran and Jurisprudence Department, Faculty of Theology and Islamic Studies, Shiraz University, Shiraz, Iran

³ Assistant Professor of Quran and Jurisprudence Department. Faculty of Theology and Islamic Studies. Shiraz University. Shiraz Iran.

10.22067/jfiqh.2024.88113.1781

Abstract

The concept of "historicity" of sunnah refers to the existence of propositions within the narrative’s texts whose validity and credibility depend on the specific temporal and situational conditions that prevailed at the time of their issuance. This research, with a analytical-comparative approach, examines the views of two of the most prominent Shi'a jurisprudents, Muhaqqiq Na’ini and Shahid Sadr, on the scope of temporal applicability in the hadiths of the Prophet Muhammad(pbuh) and the shi’ite Imams (a.s.). According to the research findings, while Na’ini considered part of the governing and social laws to be variable according to the historical position and subject to change, he did not extend this concept to the realm of the Nass (the Qur'an and Sunnah's texts). In fact He considers the laws issued by the Prophet and Imams to be permanent and obligatory, just like the verses of the Quran. In contrast, Sadr's theory of "Mantiqatu al-Firāgh" presents a dual role for the Prophet(pbuh) and Shi’ite Imams (a.s.) in legislation. It distinguishes a subset of narratives of the Sunnah as variables or governmental rulings – characterized by being Mubāh – and separates them from the fixed and obligatory rulings He considers the laws in this realm to be open to change. Moreover, While these perspectives emphasizing the fixed and unchanging nature of some texts of the Sunnah, , a closer examination of their implications reveals a nuanced understanding that, that acknowledges the historicity of another portion of the texts and current obligations of the Sunnah.

Keywords

• Historicity
• Sunnah
• Nass
• thabit wa Mutaghayyir
• Muhaqqiq Na&rsquo
• ini
• Shahid Sadr

Main Subjects

• Philosophy of jurisprudence

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