The oversight of Imami jurisprudence on Sunni jurisprudence and its impact on legal derivation.

Articles in Press

Document Type : Original Article

Authors

• Alireza Ansari
• Ali Norozi

Level 4 research scholar at the Qom Seminary, engaged in advanced studies in the *Kharij* section at the Jurisprudential Center of the Ahl al-Bayt (peace be upon them).

10.22067/jfiqh.2025.90806.1875

Abstract

The narrations of the Ahl al-Bayt (peace be upon them), as well as the implied indications of their silence, are considered significant sources for discerning religious rulings. The contextual circumstances of the issuance of these narrations and the prevailing atmosphere of that era play a crucial role in understanding their intended meaning. It is possible that the same statement may yield different interpretations in different eras, with the silence of the Ahl al-Bayt (peace be upon them) signaling their consent only within a specific context.



The jurisprudential environment of Sunni thought is one of the most critical comparative aspects when assessing the context of issuance. This concept was emphasized starting from the time of Ayatollah Boroujerdi and Mohaqqiq Damad, leading to significant consideration in interpreting the narrations and the implied silence of the Ahl al-Bayt (peace be upon them). It has resulted in the emergence of innovative opinions across various jurisprudential branches.



This article, through a descriptive-analytical approach, clarifies the theory of oversight, examining the influence of the Sunni jurisprudential environment on the accurate understanding of narrations under headings such as *israf* (diversion of address), *ilgha al-khususiya* (abandoning particularity), deriving general principles, understanding primary or situational rulings, and command after perceived prohibition. Additionally, it explores the potential authority of the Sunni customary practices in matters of common concern and presents the preliminary reasoning required for its application.

Keywords

• "؛ Supervisory Theory"؛ Context of Issuance"؛ Comparative Jurisprudence"؛ Dependence of Shia Narrations on Sunni Context"؛
• "؛ Common Jurisprudential Practice of the General Community"؛

Main Subjects

• Principles of jurisprudence

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