نوع مقاله : مقاله ترویجی
نویسندگان
1 استادیار، گروه فقه و حقوق امامیه، دانشگاه بین المللی مذاهب اسلامی، تهران،
2 دانشیار، گروه فقه و حقوق امامیه، دانشگاه بین المللی مذاهب اسلامی، تهران.
3 دانشجوی دکتری، رشته فقه و مبانی حقوق اسلامی، دانشگاه بین المللی مذاهب اسلامی، تهران (نویسنده مسئول)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The theory of the “Mantaghe feragh” was an idea that Shahid Sadr proposed in order to expand the powers of the Islamic ruler in the direction of formulating and advancing the social rules of Islam, as well as adapting the Islamic legal system to all times and places. According to this theory, in matters where a binding ruling has not been stated by the legislator, that is, within the circle of permissible things, the Sharia ruler has the right to issue a binding Sharia ruling.
Although this idea originated from the context of Imamiyyah's feghh and the Najaf Seminary, it bears great resemblance to the Ash'ari theory of ratification, which all shiià's foghaha agree is invalid. In this research, while examining the theory of ratification and the theory of Mantaghe feragh, The relationship between the two is examined.
And finally, it is proven that the theory of the MANTAGHE FERAGH is very similar to the theory of ratification and, consequently, the same basic problems that are inherent in the theory of ratification from the perspective of Imami 's feghh. That is, its opposition to narrations that indicate that the event is not free from religious rulings is also included in the theory of Shahid Sadr. Finally, a solution is proposed to resolve these problems of the theory of the empty space and also the theory of approval in such a way that the contradictions of the narrations with both theories are resolved. This approach is based on the fact that the fabrication of a Sharia ruling by a Mujtahid who is a comprehensive scholar has been prescribed by God Almighty as a legitimate approach to achieving...
کلیدواژهها [English]
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