Methodology for determining the importance of rulings in the assumption of interference and its effectiveness in solving jurisprudential issues; a case study of the opinions of Martyr Sadr

Articles in Press

Document Type : Original Article

Authors

• Saeid Nazari Tavakoli ¹
• Mojtaba Mosleh ²

¹ Professor, Department of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran

² Fourth level scholar of Qom seminary and PhD student of Tehran University, Tehran, Iran

10.22067/jfiqh.2025.90887.1876

Abstract

One of the preferred principles of conflict is to give priority to the more important; although some scholars of the principles of jurisprudence have considered it a return to other preferred principles by proposing the theory of unity of the preferred principle. Despite extensive studies, not enough attention has been paid to how to recognize the more important than the more important, and sometimes in examining some jurisprudential issues (such as the issue of conflict between Hajj and vows), they have mentioned some criteria. Martyr Sadr has listed six criteria for recognizing the importance of a religious ruling over other rulings. In this study, which was conducted using a descriptive-analytical method and based on library sources, we will evaluate the effectiveness of the six criteria in resolving conflict between religious rulings. The findings of the present study show that “expression of importance in narrational texts” and “appropriateness of the ruling and the subject” are sufficiently valid to recognize the importance of one religious ruling over another, but “application of evidence”, “attention to the characteristics of an action in narrational texts”, “intensity of threat to abandon the obligatory act” and “multiplicity of references” are not acceptable due to the lack of valid evidence. However, assuming that the six indicators do not prove the importance of a religious ruling, some of them indicate the possibility of importance in a religious ruling, which, according to Martyr Sadr, are sufficient for the precedence of a religious ruling.

Keywords

• Important
• Conflict
• Sharia ruling
• Martyr Sadr
• Jurisprudential issue

Main Subjects

• Principles of jurisprudence

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