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All Journal Journal of Fiqh and Usul
احسان آهنگری, احسان
دانشگاه امام صادق(ع)
Law, Crime, Criminology & Criminal Justice

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A comparative study of the similarities and differences between ‘assisting’ and ‘causing’ within two rules: the prohibition of ‘assistance with sins’ and ‘causation’ آهنگری, احسان; مهدوی, اصغر آقا
فقه و اصول سال. Û´Û·, شماره. Û´: شماره پیاپی Û±Ã
Publisher : انتشارات دانشگاه فردوسی مشهد

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22067/fiqh.v47i23.34296

Abstract

Assistance with sins’ and ‘causation’ are two important jurisprudential rules with crucial implications. ‘Assisting’ and ‘causing’ as derived from those rules have a lot in common. At the same time, what their differences are seems to be an important issue. The subtle differences between the two sometimes lead to confused identifications and examples of each might be mistaken with the other. We have examined the differences between the two within five areas. These are as follows: discussion of centrality or non-centrality of each, sobriety of the assistant as condition or non-condition, intention as a condition for the truth of the two issues, inclusion of the two rules in the context of abandonment or non-abandonment (continuity), and expression of obligatory and situational rulings on ‘assisting’ and ‘causing.’
Researching the Possibility and Authenticity of Systematization in Jurisprudence (With an Emphasis on ShahÄ«d á¹¢adr’s Outlook) علی اکبری بابوکانی, احسان; طباطبائی, سید محمدصادق; آهنگری, احسان
فقه و اصول سال. Û´Û¸, شماره. Û´: شماره پیاپی Û±Ã
Publisher : انتشارات دانشگاه فردوسی مشهد

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22067/fiqh.v0i0.42006

Abstract

One of the most important issues in jurisprudence that has to be researched is to find out whether the Islamic rulings are unique notions (mufradāt) without any correlation or collections with deep relations and forming an integrated system. The writers in this article maintain that there is a very profound relation among the collection of rulings, which in every field, when considered together, constitute an integrated system that enjoys unique principles and purposes, whose unveiling is among the ability, or better say the duties, of a master jurist (mujtahid). Thus, with an emphasis on the viewpoint of Shahīd Ṣadr, who is somehow considered as the innovator of this idea, we intend to explain the method of achieving the system. Shahīd Ṣadr’s idea has not been so far taken into consideration and elucidated as a pattern for jurisprudential systematization and the new perspective of the present writing is directed toward this goal. The system that is discovered by a master jurist needs to achieve authenticity and confirmation by the lawmaker, just as any ruling that he implies from the evidences. Although Shahīd Ṣadr has not discussed much in this field, we have proceeded to prove its authenticity in the conclusion of our discussion.
Co-Authors احسان علی اکبری بابوکانی, احسان اصغر آقا مهدوی, اصغر آقا سید محمدصادق طباطبائی, سید محمدصادق