THE ROLE OF TIME AND PLACE IN INFERRING THE DECISIONS (A COMPARATIVE JURISPRUDENTIAL STUDY) (STUDIES AND ESSAYS)

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MUWAFIQ SADAHI H.

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Journal: RISALATUT-TAQRIB Year:2010 | Volume:- | Issue:80 Page(s): 69-86

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Title

THE ROLE OF TIME AND PLACE IN INFERRING THE DECISIONS (A COMPARATIVE JURISPRUDENTIAL STUDY) (STUDIES AND ESSAYS)

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MUWAFIQ SADAHI H. | Issue Writer Certificate

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Abstract

No doubt, each element of the time and place has an effective and important role in the process of developing the ideological and ijtihadi levels among the fuqaha’ (jurisprudents). Because the jurisprudent cannot issue a general Shar‘i verdict (ruling) for a certain subject without studying the two elements of time and place, and the state of their influence in that subject.The objective of this research is to know the fact whether there have been any of the fuqaha’ and religious ‘ulama’ (of Shi‘ah and Sunnites, the former and contemporary ones) who have directly dealt with the role of time and place in the field of inferring or deriving the Shar‘i rulings, and knowing the new subjects.Although this subject is not considered as one of the submitted subjects in all or most of the jurisprudential and usuli books, in detail or in brief, this affair does not mean absolutely that the researcher and the experienced scholar cannot find out the facts around this subject in the heritage of the ‘ulama’ and the studies of the researchers.As a matter of fact, we do not find in the words of the former ‘ulalma’,a frank and clear discourse concerning the impact of the two elements of the time and place in the process of inferring or deriving the Shar‘i rulings. But all of their talk about the subject mostly goes around mentioning the credibilities and subject matters related to this research. However, what we can infer or conclude of their words altogether, is at least their agreement on the effect of the two elements of time and place in the process of inference. Whereas, some of the great ‘ulama’ like Al-‘Allamah Al-Hulli and the second Muhaqqiq have given their Shar‘i opinion in the issue of the prohibition (hurmah) of al-’a‘yan an-najisah (religiously impure substances or materials) by the prohibition of bay‘ud –dam (sale of blood) while they have mentioned in the reasoning for that the condition of permissibility and impermissibility of blood sale, generally related to al-a‘yan an-najisah (impure substances) is connected with the financial issue and utilization. And this affair can be changed in accordance with the time and place.Supposedly, if jurisprudence stay behind in a certain circumstance to accompany the contemporary events, it is not because of the presence of defect in this science, but it is because of the other factors.One of them is not giving the required importance to the issue of the change in time and place and applying them on the tangible or sensible realities. Hence this is resulted from giving no attention to the available capabilities and capacities and remaining behind the renewed conceptions made on the social, economical and political fields. The two elements of the time and place have distinctive characteristics and features according to which the subjects and evidences change, and finally the specific ruling of that subject will change, too. So, the specific ruling of certain subject in the pastime, can be changed by the effect of the present conditions, which impose themselves on the social, political, and economical relations. Hence the subject will basically change which finally requires a new ruling.So in order to clarify the extent of the effect of the two elements of the time and place in the process of inferring the Shar‘i ruling and the knowledge of the new subjects, we mention here an actual and tangible example for this case. lt is the issue of selling and buying the organs of the human body. This has been prohibited in the past because the sold ones were not meant to be utilized by the wisemen, but the same sold organ has to be utilized and benefited from by another human being for saving his life in the present time. For example, the kidney can save the life of another human being, and the eye can save him from blindness.lmam Khumeini (Quddisa Sirruh) said that "The mujtahid should benefit from the two elements of time and place, for they are the effective and basic factors in the process of inference and ijtihad in jurisprudence".Hence we can find solutions to multifarious problems and hard issues in the present time, and deal properly with the new submitted subjects in the domain within the framework of the sacred Islamic Shari‘ah.

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APA: Copy

MUWAFIQ SADAHI, H.. (2010). THE ROLE OF TIME AND PLACE IN INFERRING THE DECISIONS (A COMPARATIVE JURISPRUDENTIAL STUDY) (STUDIES AND ESSAYS). RISALATUT-TAQRIB, -(80), 69-86. SID. https://sid.ir/paper/159245/en

Vancouver: Copy

MUWAFIQ SADAHI H.. THE ROLE OF TIME AND PLACE IN INFERRING THE DECISIONS (A COMPARATIVE JURISPRUDENTIAL STUDY) (STUDIES AND ESSAYS). RISALATUT-TAQRIB[Internet]. 2010;-(80):69-86. Available from: https://sid.ir/paper/159245/en

IEEE: Copy

H. MUWAFIQ SADAHI, “THE ROLE OF TIME AND PLACE IN INFERRING THE DECISIONS (A COMPARATIVE JURISPRUDENTIAL STUDY) (STUDIES AND ESSAYS),” RISALATUT-TAQRIB, vol. -, no. 80, pp. 69–86, 2010, [Online]. Available: https://sid.ir/paper/159245/en

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