Fiqh and Usul

Fiqh and Usul

The rule of "absence of event from judgment": rethinking its effects on jurisprudential inference operations

Document Type : Original Article

Author
Level 4 student of the academic field of Qom, Qom, Iran.
Abstract
The rule of "absence of the event from the judgment", as the fundamental principle in the jurisprudence and principles of the Imamate, implies that no event in the scope of the life of the officials lacks a Sharia judgment. This study, departing from the assumption of acceptance of this rule and with a descriptive-analytical method, deals with rethinking its theoretical and practical effects on the process of jurisprudential inference. Key findings suggest that "lack of emptiness" plays a decisive role in expanding the jurisprudence to all aspects of life and strengthening its capacity for religious systematization. This rule provides a theoretical basis for justifying the mechanisms of Sharia accountability to variable and contingent issues, including through theories such as the "AL-fagh region" and the explanation of the powers of the ruler, and ensures the dynamics of jurisprudence. In addition, in the field of jurisprudence, "lack of emptiness" strongly strengthens the foundations of the theory of "violation" against "approval" and influences the understanding of the nature of "apparent judgment" and "the need for profession". Finally, this rule in contemporary times leads jurisprudence to play a more active role in the field of "religious systematization" and provide systematic solutions to the complex challenges of societies. The results of this study highlight the pivotal importance of the "lack of solitude" rule in drawing the universality of religion, the dynamics of jurisprudence, and the need for continuous and systematic jihad.
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Articles in Press, Accepted Manuscript
Available Online from 12 December 2025

  • Receive Date 01 June 2025
  • Revise Date 21 September 2025
  • Accept Date 12 December 2025