Fiqh and Usul

Fiqh and Usul

Applying methods of "Jabr" and "Taazod" in the theory of aggregation of conjectures "with an emphasis on the practical method of Sabzevari"

Document Type : Original Article

Authors
1 Doctoral student, Department of Jurisprudence, Faculty of Theology, Ferdowsi University Of Mashhad (FUM). Iran.
2 Associate Professor, Department of Fiqh and Basics of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran
3 Professor of the Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Iran.
Abstract
Mohaghegh Sabzevari has paid special attention to the discussion of "Jabr" and "Etzad" in his two jurisprudence books named "Zakhirat al-Ma'ad" and "Kafayat al-Ahkam". The present essay has analyzed the methods of Enjebar and Etzad of narrations from the perspective of Mohaghegh Sabzevari. He did not accept the division of hadiths into four categories. Mohaghegh Sabzevari's criterion about narration is only its validity; Whether this credibility is obtained through the validity of the hadith document or through other evidences. He tries to validate weak narrations by using the method of aggregation of conjectors such as “Enjebar with Shohrat” and “Enjebar with ejma” to compensate the weakness of the Hadith document. Also, he tries to strengthen the implications of hadiths by using the aggregation of various conjectors. The most important evidences, from the perspective of Mohaghegh Sabzevari, that strengthen the implication of the narratives, are the “Etzad with the verse”, “Etzad with the hadiths”, and, etc.
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Articles in Press, Accepted Manuscript
Available Online from 18 November 2024

  • Receive Date 28 July 2024
  • Revise Date 14 November 2024
  • Accept Date 18 November 2024