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

Some Sunni jurists have made jurisprudential use of the historians' reports in the Sirah books (books about infallible’s life). While the Jaʿfari (Imamiyya) jurists do not want to infer to historical sources in their jurisprudence inference. Since historical books can provide jurists with a lot of data about the speech and behavior of infallibles, it seems necessary to investigate the possibility of citing the reports of historians in jurisprudential inferences. Therefore, in the present study, we try to answer the question of whether the historians' reports of the lives of the infallibles can be considered an independent reason in jurisprudential inference. The findings of the present research, which was carried out by descriptive-analytical method and based on library data, it shows that although the four titles "khabar vahed" (single news), "expert's opinion", "khabar motavater" (frequent news) and "instead" (blocking in Islamic sources) can be used as proofs of the authenticity of the historian's report. But according to the limitations and methodological problems in historical sources, only by accepting the validity of "Ensedad" in historians' reports, historical sources can be considered as one of the jurisprudential reasons for inferring imperative rule or positive rules.

The Infallible’s (A. S.) taqrīr، as one of the three tradition types، is that an action is carried out in their presence، and although they can hinder it، they would adopt a position that would denote their consent. There are different issues of interest concerning the Infallible’s (A. S.) taqrīr. One of them is the typology of taqrīr، which has not been dealt with yet. The present paper has been written for elucidation of degrees of taqrīr، examination of the evidential degrees and finding types of its true evidence within the five schools’ jurisprudence. Then، the identified types of the sunna of taqrīr are compiled and critically reviewed under eight topics. Types of taqrīr are as follows: 1. Confirmation of words or actions; 2. Praising the actor; 3. Participation of the Infallible (A. S.) in the action; 4. Commanding the requirements of the words or actions; 5. Consent to the outcomes of the actions; 6. Silence along with smile/laughter; 7. Retelling the words، without confirming or denying، 8. Merely keeping silent.

Taqiyyah is one of Shiites beliefs. It is applicable where a person's property, life, or prestige is prone to the threat of an enemy and preserving them shall be subject to produce a statement or practice contrary to the absolute religious rules. Innocent Imams have not only authorized to act according to this order, but also they have adhered to it so that some traditions which guarantee religious orders have been issued based on Taqiyyah. Therefore, an order cannot be documented based on the tradition. On the other hand, jurists deem many of the traditions that are contrary to the famous view and in conformity to the view of Sunnis as Taqiyyah and hence, did do act accordingly. However, the infamous view conforms to those traditions or can be documented to them. This question is then raised seriously as what caused Imam (peace be upon him) to develop Taqiyyah although his position in announcing the orders and safeguarding the religion is like the Prophet. But the Prophet did not Taqiyyah, otherwise it would be regarded as violation of the intention. The hypothesis proven to answer this question is that according to the texts of narrations and traditions of innocents Imams (peace be upon them), the basis of Taqiyyah was that the situation of Shiite in the government was jeopardized. Therefore, the traditions can be regarded as Taqiyyah that are related to jurisprudence orders in relation with the governing prestige and not any tradition contrary to the well-known opinions that agree with the views of Sunni people.