Journal of Studies in Islamic Law & Jurisprudence

Journal of Studies in Islamic Law & Jurisprudence

A comparative study of Mohaghegh Naini's and Shahid Sadr's theory about the fakeness of Emirates and practical principles

Document Type : Original Article

Authors
1 Department of Quranic Sciences, University of Quranic Sciences and Education
2 Qom
Abstract
Although the specific discussion of the validity of the Emirates and practical principles has received less attention among the advanced Usulists, this practice has been completely reversed in the Usulists since the time of Vahid Behbahani and due to the emergence of an independent discussion of the real and apparent ruling, and the discussion about this The issue has been specially paid attention to by the fundamentalists. Mohagheq Naini, who belongs to this category, states that science has three directions, that is; Achieving a sensual state in the eyes of the scientist is the discovery of the known and the implementation of action according to it. They have put forward a theory of false truth about Emirates and practical principles. Mahreza operation is a practical operation, and regarding the principles of non-mahreza operations, it is a ruling to take one side of doubt. Naini's theory has been discussed by scholars after him. Mohaghegh Khoi almost accepted his theory, but Martyr Sadr introduced some problems to it and established a new theory based on the juxtaposition of the criteria of rulings. The writer believes that none of these problems are included in Naini's analysis as evidence.
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