نوع مقاله : مقاله علمی ترویجی
نویسندگان
1 دانشجوی دکتری گروه فقه ومعارف جامعه المصطفی العالمیه خراسان
2 استادیار گروه فقه ومعارف جامعه المصطفی العالمیه خراسان
3 استادیار گروه فقه و معارف جامعة المصطفی العالمیة خراسان
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The derivation of a jurisprudential ruling in a certain path and mechanism sometimes faces challenges that the mujtahid must find a solution to get out of it and complete the issuance of the ruling. One of these challenges is the conflict between a narrative reason and a rational reason, the mechanism of reaching its conclusion is the problem of this research, and since it does not have a rich background, it is also an indicator of the novelty of this article compared to similar works. This research in the interdisciplinary geography of jurisprudence and principles, and in a descriptive, analytical way, the process of how to overcome the challenge of the conflict between narrative reason and rational reason has been the focus of its main question. The findings of this research show that in the conflict between narrative and rational reason, if the narrative reason is valid, in the assumption of conflict with unnecessary rational reason, the narrative reason takes precedence, and if the rational reason is one of necessity and certainties, then the rational reason takes precedence over the narrative. The Usulists of Ahl al-Sunnah have a consensus that in the conflict between qiyas and single news, if it is not possible to combine them, the reason of suspicion is preferable; But they differ on which one of these two is preferable; But from the Shiite point of view, due to the inauthenticity of "Qiyas", such a conflict does not arise.
کلیدواژه‌ها [English]
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