Shi’i Jurisprudence and Constitution: Revolution in Iran by Amirhassan Boozari (auth.)

By Amirhassan Boozari (auth.)

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Otherwise, it would mean that God has created a device in human being that is essentially in conflict with its purpose. 135 An antithetical rule will also contradict irādat al-tashrīʽīyya (Divine’s Will of legislation) because, borrowing an Usūlī expression, God is Ra’īs al-ʽuqalā’ (Epitome of reason/Ultimate Rational Mind). ”137 Ansҗārī has said: “The truth is that there is a real correlation between rational rule and rule of Shari’ah, and our predecessors have strongly supported it . . 140 When the commonly held maxims of wisdom are at issue, such as evilness of oppression and goodness of justice, there is no tension in congruity between the rational articulation of a rule and the Divine ordainment, because the Divine rule has not established or constituted a new rule.

2. The absence of the jurists’ consensus on the details of a mandatory rule, that is, the deputy should not apply his authority when there is such consensus. In the case of Friday Prayer, there is consensus as to the requirement of the Imam’s idhn (permission) as a prerequisite to the act’s mandate so that the jurist is not allowed to argue against the rule to be nonmandatory. Thus, the question is whether the deputy has the authority to issue the permission on the Imam’s behalf or not. Al-Karakī’s response is a qualified yes.

108 7. 110 Thus, he concluded: Except in rare occasions, the door to conclusive knowledge is closed and, therefore, the exclusive path to knowledge, in the majority of occasions, is through supposition. 112 In one of his arguments on the power and capacity of rational arguments, Qummī, also famous as Sқā hқib al-Qawānīn,113 has said: Those who refuse to believe in the strength of rational findings must know that reason can achieve much deeper than they imagine. It is inferred from the reports of Imams on ʽaql that there is reward or punishment awaited, in the hereafter, for rational findings.

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