Identifying the Theory of the Impossibility of Deterring Rationality-based Banāʾāt (Common Performances) in the Context of Examining the Views ofMuḥaqiq Isfahānī and Shahīd Șadr

The famous ʾUṣūlīs have considered the validity of Banā-yi ʿUqalā (The common performance of the wise) to be subject to the non-repeal of the Sharīʿah. The study of Muḥaqiq Isfahānī and Muḥammad Bāqir Șadr’s views about Banā-yi ʿUqalā shows that both of them, like other ʾUṣūlīs, considered the validity of Banā-yi ʿUqalā to depend on non-repeal; But they have introduced the validity of Banā-yi ʿUqalā as being based on rationality. Is it possible to arrive at the theory of the impossibility of deterring Banāt which are based on rationality by analyzing that they are based on rationality? This essay tries to represent the concept of rationality of Banāʾāt-i ʿUqalā by using a descriptive-analytical method. Based on this framework, the study proves the theory of the impossibility of deterring rationality-based Banāʾāt.The identification of the theory of the impossibility of deterrence from the rationality-based Sīrahs is done with the aim of achieving the validity of the Sīrahs after the era of the Innocents (pbuh), in addition to facilitating the compatibility of Islamic law with the rationality of the time. The research contends that the necessities of life and expediencies of the governing system are the determining factors of the rationality of Sīrah and any Banā which is based on the necessities of life and expediencies of the governing system is irrevocable.