جستجوی مقالات مرتبط با کلیدواژه « Mirza Naini » در نشریات گروه « علوم قرآن و حدیث »

"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".

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.