The position of the 'Trustworthy Jurisprudent Unit' in the method of presumption accumulation (a case study of the status of Allameh Helli in the method of Sheikh Ansari)

Articles in Press

Document Type : Original Article

Author

Mohammad Ashaiery Monfared

Associate Professor, Translation Department, Language, Literature and Cultural Studies Complex, Al-Mustafa University, Qom, Iran

10.22067/jfiqh.2025.94506.2019

Abstract

In the methodology of aggregating indicators, any factor that can even weakly contribute to discovering the ruling of indicatority is considered by the jurist. It is also noteworthy that from Sheikh Ansari's perspective, even the agreement of a few jurists can lead to a legal ruling. Each of those jurists, if they have a share in creating this certainty, may sometimes have a particular share, meaning that one of them may have contributed more significantly to creating this certainty. It can be said that for jurists who engage in the methodology of aggregating indicators, the views, arguments, or jurisprudential approaches of a particular jurist can, at least in some cases, offer considerable indicatority in uncovering legal rulings. A trustworthy jurist whose views play the most significant role in the jurisprudential system of a jurist focusing on aggregated indicators is considered a benchmark jurist for that jurist. The research hypothesis is that in Sheikh Ansari's jurisprudential framework, Allameh Helli is the benchmark jurist whose views have contributed the most indicatority towards discovering legal rulings. To prove this claim, Sheikh Ansari's jurisprudential work 'Al-Makasib' has been chosen, and data will be processed using the method of book analysis.

Keywords

Allameh Hill

Sheikh Ansari

jurisprudential approach

equivalent jurist

methodology

accumulation of probabilities

Subjects

• Philosophy of jurisprudence

---