Examining the Truth and Falsehood from the Viewpoint of Legal Theoreticians
Journal Title: فقه و اصول - Year 2013, Vol 45, Issue 93
Abstract
Nowadays, discussion about and analysis of ṣiḥḥa (truth) and fasād (falsehood) is a focus of attention in theological (uṣūlī) writings. This issue necessitates an explanation of the present structure of the discourse of ṣiḥḥa and fasād in an integrated and logical way. Thereby, to achieve this important task, the present article undertakes a descriptive-analytical research based on a library-method and with a problem-oriented view, and formulates the discourses of ṣiḥḥa and fasād into two fields of conceptology and study of legal decisions and goes on to express and study the viewpoints and arguments of the legal theoreticians (uṣūl scholars) concerning such discourses as: the meaning of ṣiḥḥa and fasād; opposition (taqābul), contradiction (ma‘rūḍ), and variations of ṣiḥḥa and fasād; and also the abstractness, rationality, or fabricatedness of ṣiḥḥa and fasād and the propounded details. Thus, besides unveiling the present logical arrangement of the discourse, it proceeds to indicate the course of development of the discourse, as well.
Authors and Affiliations
‘AbdulkarīM AbdullāHīNizhāD, Sayyid ‘Alī JabbāR GulbāGhī MāSūLa
A Research on the Nature of Aṣl-i Muḥriz (Confirming Principle) with an Emphasis on the Perspectives of Muḥaqqiq Nā’īnī and Shahīd Ṣadr
Although ‘Allāma Ḥillī and Shaykh Anṣārī have pointed out the feature of confirmation (iḥrāz) in some of the practical principles, its refinement has been one of Mīrzā-yi Nā’īnī’s initiatives. He divided the practical pr...
Revisiting the authority of “alidjma almadraki” (idjma with known origins)
Non-authority of “alidjma almadraki” (idjma with known origins) is a topic frequently raised in the Usulis’ contemporary literature. In this paper, the authority of “alidjma almadraki” has been studied through revisiting...
Principle of Contract Freedom: Contracts and Contractual Conditions
The principle of justice is among the basic principles of Islamic law, particularly, in the law of contracts. Different legal systems establish and renew legal rulings in numerous cases through this principle. In fact, t...
A Research into the Legal and Judicial Principles of the Executed Person Coming Back to Life
Article 438 of the Islamic penal law considers as renewable the sentence of the executed person coming back to life in case of qiṣāṣ (retaliated punishment) due to observance of the resemblance (mumāthilat) condition and...
A Deliberation on the Tradition Renowned in Shī‘ī Jurisprudence Evidences (The Tradition of Imam ‘Alī’s (A.S.) Lost Coat of Mail)
One of the traditions relied on by Shī‘a jurists in jurisprudence and especially in the discourse on judgment and testimonies is the tradition or the story of Imam ‘Alī’s (A.S.) lost coat of mail. The coat of mail being...