جستجوی مقالات مرتبط با کلیدواژه « منجزیت » در نشریات گروه « فقه و حقوق »

The authority of certitude is among the topics whose various aspects do not seem to have been sufficiently investigated in the Holy Quran and the words of Ahl Al-Bait (peace be upon them). The definition of certitude appears to be clear and despite different approaches,  there are few opponents to its absolute unconditionally and excusing feature; however, questions raised in this paper about the certitude of which Quran has spoken, indicates that it is impossible to apply the above said to knowledge and certitude mentioned in Quran and narrations and there is no way to prove its  absolute authority in the narrated sources; rather, a set of verses and narrations indicate that the human beliefs are not the measure and a number of them have no authority.

There are at least three meanings for the term authority (Al-Hujjīyyah) regarding "authority of certainty": A- the intermediate term in an analogy; B- Revealability (Presentivity); C- Justifiability and incontrovertibility.ý Shaykh Anṣārī holds that the first meaning cannot be assigned to the Certainty. Regarding the second meaning, there are four opinions among Uṣūlī scholars: The first view maintains that Revealability (Presentivity) - as Isagoge's essential - is constituent of Certainty. ýAccording to the second view, Revealability (Presentivity) forms the whole nature of Certainty. ýThe third view insists that Revealability (Presentivity) is a concomitant to the Certainty. ýAnd according to the last view, Revealability of Certainty is not acceptable. ýThere are also five views respecting the third meaning: A- Justifiability and incontrovertibility are intrinsic to the Certainty. B- Justifiability and incontrovertibility are intrinsic concomitants to the Certainty. C- Justifiability and incontrovertibility are just rational judgments. D- Justifiability and incontrovertibility are conventional notions. E- Justifiability and incontrovertibility are subordinate to the mastery. ýThis paper studies and analyses these views. ýAuthenticity of Certainty has a close correlation with Fiqh, since, due to the "intrinsic authenticity of certainty" viewpoint, prohibiting from following Certainty is impossible. However, there are cases in the Fiqh that the Certainty which is caused from Uncertain Perception is disregarded. Definitely this opposition is in contrast with the Intrinsic Authenticity of Certainty.

One of the discourses that is considered as indisputable among the scholars of jurisprudential principles (uṣūl al-fiqh) and has not been debated sufficiently is the discourse concerning the essential authoritativeness (ḥujjiyyat) of certitude (qaṭ‘). One of the few scholars who have meticulously and attentively criticized this theory is the late Imam Khomeini (ra). The present research seeks to consolidate and complete his criticism. In this line, first the term “essential” (dhātī) is to be clarified and then the meaning of “authoritativeness” specified, so that by defining the meaning of certitude and differentiating it from knowledge (‘ilm) it may be clarified that his denying the authoritativeness of certitude, meaning accomplishment (munjaziyyat), is a praiseworthy act. Furthermore, it is to be clarified that authoritativeness, meaning excusableness (mu‘dhiriyyat), is not essential in certitude, either; for, it is of a conventional matter, and thereby, the non-essentiality of the authoritativeness of certitude is proved. Meanwhile, the validation of excusableness by the intellectuals is in fact for ignorance, and certitude, as assuming extensional union with it would possess this feature, and it (certitude) has no specificity for excusableness in itself.