The Role of History in the Process of Jurisprudential Inference with the Emphasis on the Discovery of Tradition and Jurisprudential Decree

One of the important areas of emerging jurisprudential debates is the investigation of the role of history in jurisprudence with an emphasis on questions about the how of discovering the tradition and the origin of issuing jurisprudential decree. In this research, the role of history knowledge in th...

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Main Author: Seyied Mahdi Mohammadi
Format: Article
Language:fas
Published: Baqir al-Olum University 2024-01-01
Series:تاریخ اسلام
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Online Access:https://hiq.bou.ac.ir/article_75251_774d4f61b861b276497635686eb6203b.pdf
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author Seyied Mahdi Mohammadi
author_facet Seyied Mahdi Mohammadi
author_sort Seyied Mahdi Mohammadi
collection DOAJ
description One of the important areas of emerging jurisprudential debates is the investigation of the role of history in jurisprudence with an emphasis on questions about the how of discovering the tradition and the origin of issuing jurisprudential decree. In this research, the role of history knowledge in the field of the two mentioned questions has been investigated using the citation-analytical method. The most important results of this research are that the three matters of proving the connection of conduct to the age of presence (as one of the certain ways to reach the authentic tradition), the development of the certain phenomenon of frequency in the news and finally the study of consensus (which is a special task in the direction of achieving certainty according to Imams ), it requires reliable information and methodical historical studies and researches focusing on the history of jurisprudence and jurists. On the other hand, knowing the examples of the subjects of rulings, especially the inferred subjects, and knowing the philosophy of issuing some fateful fatwas, such as the tobacco ban, are among the other areas of history's role-playing in jurisprudence study.
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series تاریخ اسلام
spelling doaj-art-b271b40b53464785bdfbb2bfcc1ed27d2025-08-20T01:47:25ZfasBaqir al-Olum Universityتاریخ اسلام2008-64312783-414X2024-01-0124شماره 3- پاییز 1402 - مسلسل 95618610.22081/hiq.2024.7525175251The Role of History in the Process of Jurisprudential Inference with the Emphasis on the Discovery of Tradition and Jurisprudential DecreeSeyied Mahdi Mohammadi0Al-Mustafa International University / Complex of Higher Education in Jurisprudence / Director of the School of Jurisprudence and KnowledgeOne of the important areas of emerging jurisprudential debates is the investigation of the role of history in jurisprudence with an emphasis on questions about the how of discovering the tradition and the origin of issuing jurisprudential decree. In this research, the role of history knowledge in the field of the two mentioned questions has been investigated using the citation-analytical method. The most important results of this research are that the three matters of proving the connection of conduct to the age of presence (as one of the certain ways to reach the authentic tradition), the development of the certain phenomenon of frequency in the news and finally the study of consensus (which is a special task in the direction of achieving certainty according to Imams ), it requires reliable information and methodical historical studies and researches focusing on the history of jurisprudence and jurists. On the other hand, knowing the examples of the subjects of rulings, especially the inferred subjects, and knowing the philosophy of issuing some fateful fatwas, such as the tobacco ban, are among the other areas of history's role-playing in jurisprudence study.https://hiq.bou.ac.ir/article_75251_774d4f61b861b276497635686eb6203b.pdfphilosophy of historyphilosophy of jurisprudencehistory of jurisprudencehistory of juristsrelationship between history and jurisprudence
spellingShingle Seyied Mahdi Mohammadi
The Role of History in the Process of Jurisprudential Inference with the Emphasis on the Discovery of Tradition and Jurisprudential Decree
تاریخ اسلام
philosophy of history
philosophy of jurisprudence
history of jurisprudence
history of jurists
relationship between history and jurisprudence
title The Role of History in the Process of Jurisprudential Inference with the Emphasis on the Discovery of Tradition and Jurisprudential Decree
title_full The Role of History in the Process of Jurisprudential Inference with the Emphasis on the Discovery of Tradition and Jurisprudential Decree
title_fullStr The Role of History in the Process of Jurisprudential Inference with the Emphasis on the Discovery of Tradition and Jurisprudential Decree
title_full_unstemmed The Role of History in the Process of Jurisprudential Inference with the Emphasis on the Discovery of Tradition and Jurisprudential Decree
title_short The Role of History in the Process of Jurisprudential Inference with the Emphasis on the Discovery of Tradition and Jurisprudential Decree
title_sort role of history in the process of jurisprudential inference with the emphasis on the discovery of tradition and jurisprudential decree
topic philosophy of history
philosophy of jurisprudence
history of jurisprudence
history of jurists
relationship between history and jurisprudence
url https://hiq.bou.ac.ir/article_75251_774d4f61b861b276497635686eb6203b.pdf
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