A Critical Analysis of the Jurisprudents’ Approach to the Current Tradition in Inferencing Judgments “A Case Study of Narration by Abdul Hamid Bin Saeed”

Document Type : Original Article

Authors

1 PhD student of Jurisprudence

2 Full professor at Ferdowsi University of Mashhad

Abstract

The present tradition, which is the act of the infallible (Al-Maʿṣūm), is undoubtedly valid and invoked under certain conditions in the process of deduction; but what seems contemplation here is that, despite the deeper impact of the actions compared to the words, this part of the Islamic legacy has been neglected and not taken care of as it should be. The present essay regarding to this point which is possible to discover obstacles through the examination of cases; studies one of the traditions that implies the current tradition of the infallible (Al-Maʿṣūm). The contents of the above narration illustrate the behavior of Imam (as) in dealing with the money gained through gambling that the jurisprudents have undermined the contents of the narration documentary and implicationally, ordered the incompatibility with the beliefs of Imamiyyah basics such as infallibility and knowledge of the Imam. During the descriptive-analytical research, the author studies the above narration and how the jurisprudents encountered it as one of the instances of the current tradition of the infallibles. According to the research, assuming the problem, while the Imam could just do a speech prohibition, in order to prevent with emphasis, started vomiting the property; which the action prohibition entails more denial and rejection compare to the saying prohibition, therefore, according to Mukhtar’s (elector) view, the narration does not contradict the belief basics, such as the infallibility and the knowledge of the Imam, as some jurisprudents are on it; in addition, through the analysis of the above tradition, it was concluded that the examination of narrations should include a set of proofs, including the examination of the content and the document; therefore, the sufficiency of one of them does not appear to be correct; rather, for final judgment, the sum of the evidence must be the basis of action.
 

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