A Critique of the Mechanism of Metaphysical Realism in Shiite Principles of Jurisprudence

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Safaee Mohammad Hossein

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Journal Paper

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Journal: NAQD VA NAZAR Year:2022 | Volume:27 | Issue:1 (105) Page(s): 33-60

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Information Journal Paper

Title

A Critique of the Mechanism of Metaphysical Realism in Shiite Principles of Jurisprudence

Author(s)

Safaee Mohammad Hossein | Issue Writer Certificate

Keywords

Realism

mentalism

truth

Akhbāri

Uṣūlī

probativity (ḥujjiyya)

Abstract

According to some Muslim scholars, manners of living are not exhausted by modern style of living (regardless of prior traditions)we might still turn to Islamic jurisprudence (fiqh), find the Prophets words, and live accordingly. The nature or spirit of Islamic jurisprudence is the discovery of the practical doctrines, or rulings, of Islam. A jurist is not therefore a lawmaker, but a discoverer of laws. A jurists process of ijtihad (or inference of rulings) ends with an inferences of a proposition that suggests a jurisprudential ruling. Of the prominent Shiite intellectual trends, both Akhbâ ris and Uṣ û lis endorse metaphysical Realism about divine rulings. The main problem with which this article is concerned is an assessment and critique of the mechanism of Realism in jurisprudential inferences in Shiite principles of jurisprudence. Based on the results of this research, which are obtained through description and analysis of content, although Realism is part and parcel of the principles held by Imami Shiite Uṣ ū lis, the solutions proposed to achieve the goal are inadequate because of their confusion of existential and legislative effects of certainty, and thus, they cannot do justice to the concerns of Akhbā ris in reaching the reality. For this reason, it is necessary to account for a more efficient mechanism of Realism through a revision of the common elements of Uṣ ū li arguments and how they arrive at an authoritative reason or proof. It seems that by transferring the locus of inculpatoriness (munajjiziyya) and exculpatoriness (muʿ adhdhiriyya) from the essence of certainty (qaṭ ʿ ) to its causes, and the minimization of the impact of psychological states on inferences, the ground can be prepared for Realism and further justification of the propositions in the principles of jurisprudence.

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APA: Copy

Safaee, Mohammad Hossein. (2022). A Critique of the Mechanism of Metaphysical Realism in Shiite Principles of Jurisprudence. NAQD VA NAZAR, 27(1 (105) ), 33-60. SID. https://sid.ir/paper/959651/en

Vancouver: Copy

Safaee Mohammad Hossein. A Critique of the Mechanism of Metaphysical Realism in Shiite Principles of Jurisprudence. NAQD VA NAZAR[Internet]. 2022;27(1 (105) ):33-60. Available from: https://sid.ir/paper/959651/en

IEEE: Copy

Mohammad Hossein Safaee, “A Critique of the Mechanism of Metaphysical Realism in Shiite Principles of Jurisprudence,” NAQD VA NAZAR, vol. 27, no. 1 (105) , pp. 33–60, 2022, [Online]. Available: https://sid.ir/paper/959651/en

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