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

In recent years and with the entrance of some branches of contemporary philosophy (such as epistemology) into religious knowledge, the necessity of applying these new grounds in religious knowledge take notice of many more than ever. Although in Principles of Islamic jurisprudence (usul al-fiqh) as one of religious knowledges, justification of knowledge is considered to some extent, but the aforementioned factors aren't examined in detail or its way of justification has radical differences with common epistemologies. In this paper, after posing essential validity of certainty as a realistic belief and the role of this theory in usul al-fiqh, one of most famous (and perhaps most perfect) Usuli’s knowledge theories concerning the method of obtaining justified belief, called “production theory” which is introduced by martyr sadr, will be put forth, consider and criticize. It seems that despite martyr sadr’s attempts for explaining the method of knowledge justification in usul al-fiqh, still in essential validity of certainty, the subjectivist theme of essential production theory and induction problem is bolder than objectivism. On account of that, paying attention to objectivist explanations and applying its entailments in usul al-fiqh become necessary again and the mechanisms of metaphysical realism concerning divine orders must be revised by Usuli theories.

Conjectural consensus is a type of Ejma’ used in the field of jurisprudential inferences. Fuqaha (Islamic jurists) make use of conjectural consensus in their citations. In words and view of scholars of Imamiya Fiqh, there are four basic criteria to confirm the authenticity of this type of consensus out of which only two criteria have been recognized as bases of evaluating probabilities and general inherence. Ayatollah Khamenei has accepted the principle of Conjectural consensus as Kashef (transparent and explicit) and has no objection over its basis.

The relationship between Ilm al-Usul (Principles of Jurisprudence) and logic is among the issues discussed as part of the philosophy of Usul. It constitutes a branch of added philosophies. Added philosophies refer to a set of secondary rational sciences which, through descriptive – analytical method, seeks to study and analyze the principles, groundwork and method as well as the eight headings of the sciences to which they have been added. The subject of induction is among the important discussion in Shahid Sadr’s intellectual system. He is one of the few Muslim philosophers who study the application of induction at length criticizing rationalism and empiricism and offering a new idea on the basis of probabilities and degree of likelihood. The present writing discussing different aspects of this issue elaborates on the application of induction in various areas of legal theories (Usul). The most important cases of the application of induction in Ilm al-Usul, according to Shahid Sadr, are the following: First application: tawatur (multiplicity of the sources of a certain report) second and third: consensus and reputation (shuhra); fourth: the normative conduct of those who lived in the time of the Prophet (S); fifth: normative conduct of the wise; sixth: determining the minter of words: seventh and eight application: commonality of words and synonymy: ninth application: itterad (constancy).