A critic study on the precautionary Jurisprudential verdict

Articles in Press

Document Type : Original Article

Author

raza haghpanah

university faculty razavi university of islamic sciences

10.22067/jfiqh.2025.88738.1831

Abstract

A logical accepted manner to overcome the situation of puzzlement to issue a juristic verdict by a Jurist is precaution in issue a verdict. A methodology witch enjoys religious proofs. Anyhow it is a subject to be investigated again and this article which is an analytic one is going to answer the question of whether precaution is a general practical accepted manner by witch one can achieve a legal verdict or not? Having explain the notion of (ihtiat) or precaution and elaboration of the reason put forward to prove its reliability; the reasons are restudied and evaluated to gain the conclusion that precaution, as a general source of ijtihad is not approvable. Moreover, there are three Profs Witch deny its acceptability: tribulation in normal life, increasing scrupulosity and causing hardship in human ordinary life which are all denied in Islamic teachings.

Keywords

Jurist

inference

giving verdict

precaution

obligatee

Subjects

• Principles of jurisprudence

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