Study of the Precondition for the Contemporaneity of the Attitude of the Intellectual with the Era of the Infallibles (Study of the Ways to Generalize the Authenticity of the Attitude of the Intellectual to the Newly-Appeared Attitudes)

Fakhla‘ī, Muḥammad Taqī; Walīullāhī, Mujtabā

doi:10.22067/fiqh.v0i0.7925

Study of the Precondition for the Contemporaneity of the Attitude of the Intellectual with the Era of the Infallibles (Study of the Ways to Generalize the Authenticity of the Attitude of the Intellectual to the Newly-Appeared Attitudes)

Document Type : Research Article

Authors

10.22067/fiqh.v0i0.7925

Abstract

In the uṣūlī classic viewpoint, the major support for the authenticity of the attitude of the intellectual (sīrat al-‘uqalā) is the enjoyment of the Infallibles (ma‘ṣūmīn)'s attestation. Accordingly, a great number of legal theorists (uṣūlīs) have propounded the contemporaneity of the attitude of the intellectual with the era of the infallible. After elucidation of the three viewpoints of the legal theorists concerning the necessity of attestation, achievement of non-hindrance , and the sufficiency of the non-affirmation of hindrance (rad‘), this research has tried, by presenting six solutions and through casting doubt on the preconditions of the necessity of contemporaneity of attitude (sīra), to find a way towards the generalization of the authenticity of the attitude of the
intellectual to the attitudes originated in eras following the era of the Infallible and to take a step forward in the solution of the intricate problem of newly-appeared attitudes and the expansion of the efficiency of attitude in legal inference according to contemporary demands.
Keywords: attitude of the intellectual, non-hindrance, attestation, newly-appeared attitude, rational reliance.