چکیده:
The Faithful's practice is taken as the general manners of the religious people who live in the divine legislation era whose religiosity mode is the only reason for the occurrence of such a practice. The deep-rooted jurisprudential heritage manifests the strong position of this institution in the domain of inference. In addition to analyzing the most essential legist bases in confirmation of the Faithful's practice, the present study has challenged the main instances of its jurisprudential application. At the end, it can be asserted that the installed limitations in the authorization of this institution have severely limited its argumentation and so, absolute jurisprudential reliance on it is very scarce.
خلاصه ماشینی:
An Evaluation of the Jurisprudential Application of "the Faithful's Practice" Muḥammad Taqī Fakhla‘ī Professor, the Department of the Islamic Jurisprudence and Principles of Islamic Law, Ferdowsī University of Mashhad, Mashhad, Iran (Received: January 26, 2019; Revised: May 16, 2019; Accepted: May 27, 2019) Abstract The Faithful's practice is taken as the general manners of the religious people who live in the divine legislation era whose religiosity mode is the only reason for the occurrence of such a practice.
There are many ways to ascertain the contemporaneity, such as perceiving the inherent facts and generic inclinations common among the wise as the origin of the practice, the difficulty of changing a practice to an opposing practice, historical narrations and evidences in the public history domain, jurisprudential narrations, and the majority decrees, induction of a unitary practice from the social conditions of the different societies and generalizing it to other wise societies (Ṣadr, 1985, vol.
Freedom of practice from evidence and imitation An investigation of the instances and a careful examination of the jurisprudential argument method reveal that to ascertain the contemporaneity, the jurisprudents have tried to take the existence of practice at a certain point of time as an indication for its presence in the early eras of Islam, as if through the inference principle, they have found it possible to find the agreement of the present practices with those of the legislation era.
Imām Khumeinī deems "the Faithful's practice" the main reason for the natural impurity of the People of the Book, which has provided the possibility of proving the contemporaneity of this practice through inference principle.