نشریه فقه و اجتهاد
پیاپی 20 (پاییز و زمستان 1402)

"The obligation to maintain the system" is one of the widely used topics that has the capacity to be used in new issues that do not have a Sharia text, but the brevity in the meaning and scope of the issue has caused a difference of opinion in its applications. Like other his peers, Mirza Naini has used this statement in many arguments. This research seeks to answer the question, what is the meaning and scope of "obligation to preserve the system" from Mirza Naini's point of view? This article achieved four main meanings from point of view of jurists with the descriptive-analytical method and the library data collection tool: " obligation of preserving the system of social life", " obligation of preserving the Muslim community", "obligation of preserving the system of personal life" and "obligation of preserving the system legitimate government". Mirza Naini accepts only the first two meanings. He does not consider the third meaning independently valid. The absence of the fourth meaning in his works can also be due to it's return to the first two meanings or the lack of Islamic sovereignty at that time. In terms of the scope of its application, his disagreement with some jurists is rooted in "cases in wich the reason independently rules to the disorder of the system".

Hadith Raf' is one of the most important evidences in the explanation of secondary rulings, which includes 9 titles, but the main efforts of the usulists are focused on the paragraph "Malaya'lamun" in the debate freeness, and in jurisprudence, it is scattered under different topics to some paragraphs. On the other hand, scientists have often described the Taklifi rulings of secondary titles on various topics, and no comprehensive and complete research has been presented in the field of the Waz'i rulings of these titles, except Mohaqeq Naini who have analyzed in detail the different states of belonging to these titles.In the following article, using descriptive and analytical methods, using scientific software, attention has been paid to analyzing the possibilities and different forms of topics such as urgency, error, and reluctance when are loaded on Waz'i rulings, and as a result, according to Mohaqeq Naini's inference, the Hadith Rafa' in the causes is considered to be correct and sound but in details and conditions is not correct, and in effects, there are two cases regarding the inclusion of Hadith Rafa' effects: It includes contractual effects but does not include existential effects. It is concedered unreasonable.

One of the important topics of the science of principles, which has been covered by many works, is the issue of order, which was first discussed by Mohaqqeq Karaki and then the researchers after him. Is it possible to achieve the order belongs to the most important in the case of disobeying the order belongs to the important thing? There is a difference of opinion that some people believe in refusal and some believe in the possibility of it, among those who took the second point of view and raised the possibility of the order of proof is Mohaqeq Naini. After correcting and explaining the point of conflict and explaining that the source of the conflict between the most important and the important is the application of the two and not the two behest themselves, he says: if order means consensus between the opposites, as the proponents have this illusion, impasibility and refusal of order is obvious and necessary, because the obligee is not able to comply with the opposites at the same time, but this is not the case, by conditioning the most important to the important, leaving the important to the most important and ordering the important to the the most important is overcome by leaving the matter to the importance. In this article, first the arguments of those who refuse to order are quoted, then the argument of Mohaqeq Naini on the possibility of ordering and criticizing the arguments of the opponents is described and explained, and finally, after quoting the problems with the argument of Mohaqeq Naini on the possibility of ordering and criticizing them, Mohaqeq Naini's point of view is preferred, because according to the writer, Naini's evidence on the possibility is stronger. At the end, some jurisprudential results related to the issue of order have been mentioned.

Among the various criteria that have been taken into consideration by the scholars of fundamental science to refine the hadiths, the most reliable way is to present the hadiths based on the Holy Quran. Because, the Qur'an is the word of God and the source of all righteousness. And on the other hand, the content of the narrations is the necessity of comparing the narrations with the Quran. Since the meanings of presenting narrations are different and sometimes multi-faceted, the present research seeks to investigate the question of how the meaning of presenting narrations can be interpreted from the perspective of Mohaqeq Naini, and what is the difference between it and other perspectives? The problem of the present research with the descriptive-analytical method and the collection of information in the form of a library, such as priority of Quran, the semantics of the presenting narrations and allocation or non-allocation to the conflict, has been investigated, the method and "the perspective of believing that peresentation narrations is an external and reality case" From Naini's point of view, is preferred. This point of view answers the major problems in the science of the principles regarding the contents of the narrations and the contradictions of the hadiths and the Holy Qur'an.

Ayatollah Naini, in his book Wasilato al-Najat, which is a practical treatise and of course very different from other treatises, naturally did not mention the documentation of rulings. While the jurisprudence rulings mentioned in this book, in fact, are either based on hadiths, or have a Quranic document, or are according to customary law. The main issue in this research is, what are the Quranic documentations of Mohaghegh Naini's jurisprudential opinions on the rulings of ablution? With this research, we intend to answer the words of some skeptics and critics who do not consider the jurisprudence of some jurists to be based on the Qur'an and think that they are not different from Akhbari's thinking from this point of view, and to explain that many branches of jurisprudence mentioned in the book in addition to narrative documents, al-Najat also has a Quranic document. Therefore, by choosing the jurisprudence of ablution as an example, the Quranic documents of the jurisprudence of ablution are discussed in order to express the position of the jurisprudential verses of the Qur'an in the jurisprudence of Mohaghegh Naini along with the hadiths of Ahl al-Bayt (PBUH). Our method in this research is that we select the fatwa of Mohaghegh Naini in the field of ablution jurisprudence from the book of al-Najah, then analyze it with the help of the relevant verses and explain the Quranic document of the fatwa. Through the investigations, we have come to the conclusion that this great jurist, by adhering to the Saqlain, followed the rulings of jurisprudence, including ablution. Of course, it is beyond the conventional treatises, which only describe the tasks and duties of peole and servents of  God with the number of issues, but it is a deep scientific and jurisprudential work. This jurist, is not one of the Akhbarists who rely on narrations in deriving jurisprudence, and he is not one of the Qur'anists who, thinking of the Qur'an, is satisfied with the Qur'anic citations, but he is a jurist who considers both the greater and the lesser (Saqalayn). From the contents of his discussions, it is found that in the eyes of Ayatollah Naini, he believes that the Shariah in the legislation of rulings, including jurisprudential verses, wherever they were not in the position of a special teaching, the costomary law was accepted as a secondary reason and signed it.

"Right" and "ruling" are important and practical keywords in transactional jurisprudence and the field of private law. What is the nature of right and its precise definition is disputed among jurists. In the meantime, Naini's analysis is very important and many special works are related to it. This article has come to the conclusion with the descriptive-analytical method and using library sources that Naini's view on the nature of right is the "weak kingdom". This theory takes a new and significant look at categories such as "right", "property" and "kingdom". To prove this theory, in addition to rational analysis and concentration, some narrative arguments have also been mentioned. Also, this theory is followed by certain legal jurisprudential works, which will be referred to four examples of these works in this research. Another important topic in this field is the difference between right and ruling. In Naini's opinion, there is both an existential difference and an evidentiary difference between right and ruling. One of the results of this analysis is a special look at permissible and necessary contracts, and the emergence of the two concepts of "legal necessity" and "judgmental necessity", which are among the initiatives of Mohaghegh Naini.

One of the most important issues raised in the science of principles is the analysis of religious discourses and their comparison with the assumption of power, in which the initiative of Mirza Naini is clearly visible. Despite the novelty of this theory and its many fruits, no independent interpretation of this theory has been presented so far, and this gap has doubled the necessity of presenting an interpretation of the said theory. Although it is customary to explain the ideas of scholars of fundamental science, by mentioning one or two interpretations of their lessons, but this strategy is not enough; This will cause problems, ambiguities and conflicts around the theory. Based on this, the current research has tried to present and explain the mentioned discussion in an analytical-descriptive method and with a comprehensive tracking of library sources and data classification based on the authenticity of existing sources. Before the invention of this theory, the famous view was based on the fact that in the essence of the legal address, there is no requirement of power, and power can be accepted as an external condition only by adding the ugliness of the powerless obligation. Mirzai Naini, however, with an objective analysis of the nature of the address, believes that in each of the religious addresses, the power of the obligee over the obligation should be stated. This theory has left various effects in various theological, jurisprudential rules and principles; results such as: proving the obscenity of obligation when no power according to the Ash'arite, solving the conflict, the validity of the rule "the prohibition of the law is the same as the prohibition of the rational", the rule of "impossibility with possibility  is not impossibility", the practical principle in some situations and solving the problem of the gathering case of command and prohibition.