Ali larijani; Seyed Mostafa Mohaghegh Damad; Mohammad Hossein MotahariFarimani
Volume 21, Issue 2 , March 2024, , Pages 167-190
Abstract
This paper is to investigate the possibility of the lack of influence of philosophical research in the issuance of jurisprudence rulings (Ahkam al-fiqhiyah) and its purpose is to prove ...
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This paper is to investigate the possibility of the lack of influence of philosophical research in the issuance of jurisprudence rulings (Ahkam al-fiqhiyah) and its purpose is to prove this influence by studying cases of unity of existence (Wahdat al-wujud). Some jurists in their rulings related to unbelievers (Kuffar) as well as in the rulings of the heretical books (Kutub al-zelal) dealt with the issue of the unity of existence and believing in it, and judged the legitimacy or illegitimacy of such a point of view, and according to that, have issued rulings about those who believe in it. As described in this paper in a descriptive-analytical way, the emergence of jurisprudence in this regard is a function of the encounters and understanding of jurists with philosophical opinions. Based on this, after assessing examples of jurisprudence of the last few centuries and clarifying the background philosophical or mystical presuppositions, the position of Sadr al-Mutalahin's interpretation of disagreements in comparison to other interpretations has been clarified and the result of its acceptance or non-acceptance in the judgment of jurists has been determined. As the result, at the first step, it is revealed that Sadr al-Maltahin's perception of the unity of existence is different from the mystic version, and in the other hand, the acceptance of this interpretation can resolve the duality and otherness between the monotheism of jurists and mystics. Lastly, with the help of this philosophical research, the ijtihad of the jurists should be freed from the unwarranted attribution of the of disbelief and misguidance
