جستجوی مقالات مرتبط با کلیدواژه "قواعد عقلی" در نشریات گروه "فقه و حقوق"

scholars and jurists, mainly by challenging between facts and credentials. They have disputed the jurisprudents' rational argumentations as put forward in their works.   By induction in this regard, we achieve three important views: general prohibition of the use of rational rules in jurisprudential inference, non-prohibition of quoting rational rules in jurisprudential citation, permissibility of citing to rational rules, and promising in detail among the rules of reason.   Adopting a basis for this issue depends on the analysis of two minor and major debates; the minor discussion is that whether the Osuli and jurisprudential propositions are factual or credential.  Assuming on its credential nature, it is argued that if the major issue regarding the citation of rational principles in credential discussion is true or not.   In this paper, with the aim of focusing on the position of rational rules in jurisprudential inference, the authors support the rationalist principles and by analyzing the principles and arguments in both minor and major debates have focused on the problem of facts and credentials confusion to prove this assumption that in order to deduce the rules of jurisprudence, based on the real support that religious laws and credentials  have, we can use the rules of real and rational sciences, and in this regard, we will express a new detailed theory and standard to cite the rules of reason in deriving religious rules.

There are many factors in interpretation process of a text and in this article the role of rational evidence -the popular concept in Osoul fiqh- in interpretation of Acts has been analyzed. Although rational evidence in Osoul fiqh has being studied as a source of legislation, it has been considered as a commentator in this article. On one hand utilization of rational evidence in interpretation process is in need of justification of its necessity and statement of its consequences, on the other hand it necessitates answering to the criticism of criticizers. The most decisive dimension of the necessity of this theory is validity of rational evidence because of its certainty. One of the most significant consequences of the theory is the recognition of rational evidence as a source of law. The most important criticisms of this theory is lack of criterion in order to evaluate rational evidence and existence of controversy between rational interpretation and intentionalism theory -which is studied in Hermeneutic-; it may be claimed that acceptation of rational evidence as an external factor in interpretation process prevents commentator from understanding of legislator`s intention. So, we try to refuse the criticism stating rational evidence is not definite and prove that acceptation of the role of rational evidence in interpretation process does not lead to ignorance of legislation and legislator`s place.

The wide disagreement concerning the question of applying the rational rules to the jurisprudence is an indicator of the necessity of a normative definition for this issue. The rational rules are created by intellection, and the jurisprudential precepts are the holy legislator`s innovation. The rule of "impossibility of oxymoron" is the root of many other rational rules, such as "impossibility of circle", " impossibility of sequence," " impossibility of some causes for the unitary effect," and so on, which their application to the different jurisprudential topics is a matter of dispute among the jurisprudents. By examining and analyzing the cases of functioning rational rules in the jurisprudence, this paper has sought to provide a criterion of applying rational rules in the process of inference. Based on the findings of this research, except in the special cases related to an external subject of a legal ordinance, the rational rules are relevant to the process of inferring the legal injunctions, because the position of jurisprudence is for the religious innovations, and the existence of them based on nass (explicit text), `orf (common sense), maslaha (expediency), etc., is valid in this regard.