Analysis of Principled Instruments of “Intellectuals’ Stipulation” with the Method of “Examining the Components of Its Words and Analysis of Functions and Conjectures”

شیرازی, سید رضا ( حوزه عل٠یه ٠شهد ٠قدس)

Journal of Fiqh and Usul
سال. Û´Û¹, شماره. Û²: شماره پیاپی Û±Ã

Intellectuals’ stipulation is a principled instrument, that on one hand its sides and components have not been explored into in principles and on the other hand the mechanism of its acquisition to be used in jurisprudence has not been provided. In this article, with an examination of the definitions available about intellectuals’ stipulation and analysis of its application in jurisprudence and principles, this principled instrument will be scrutinized and after uncovering its sides and components and explaining its difference with “intellectuals’ unanimity”, the mechanisms employed in jurisprudence and principles for acquiring it will be examined and finally the
mechanism for relying on intellectuals’ stipulation in jurisprudence and principles will be suggested.