فصلنامه پژوهش های اصولی
پیاپی 13 (تابستان 1391)

Usulians have different reasoning for demonstration of impossibility of conditioned obligatory which of them proof this type of obligation in one of the judgment’s stages. Some of these demonstrations negate conditioned obligatory in the stage of will, and some of them in the stage of creation, and others in the stage of demonstration. It seems the demonstrative reasoning of Sheikh Ansari is the most important reasoning that negates conditioned obligatory in the stage of demonstration. According to his reasoning it could be proof that the impossibility of conditioned obligatory by particularity of content of the form (hey’at). Recent usulians make at least six different difficulties to Sheikh Ansari’s reasoning. This article tries to explain this reasoning by criticizing those difficulties.

Discussion about stage of the judgment (hokm) refers to the topic how produce a judgment in order to reach to who charged with that judgment. The researcher Khorasani argued that the judgment (hokm) has four stages: the stage of Appropriateness (eqteza); the stage of Creation (ensha); the stage of Actuality (fea’liat); and the stage of Binding (tanjiz). Other usulians affirm or reject this idea. This article explains and clarifies the researcher Khorasani’s view and criticizes the most important views about this subject and try to present a reasonable interpretation of it.

This article argues about two subjects: many capacities in the Sunnah of actions (fea’li) to be sourcing for the political Feqh; and some restrictions of this type of Sunnah for sourcing in political Feqh. Indeed these capacities and limitations exist for using the Sunnah of actions (fea’li) in all Feqhi fields, but the political field in Feqh distinguishes from other era because it possesses more capacities for using the Sunnah of actions (fea’li). This essay amplifies this subject.

This article discusses about the problem of guiding (Irshadi) imperatives (Awamer) and negative imperative (Nawahi). The role of this problem in specifying meaning of imperatives (Awamer) and negative imperative (Nawahi) in The Book (Qor’an) and Sunnah for understanding shar’ii laws (Ahkam) is very important. This essay explains all types of guidance (Irshad) with examples. In addition it states views of researchers and explicate this problem in detail.