Document Type : ORIGINAL RESEARCH ARTICLE
Assistant Prof. in Department of Islamic Education, Faculty of Humanities Sciences, Islamic Azad University, Qom, Iran, and Lecturer at Al-Mustafa International University
SUBJECT AND OBJECTIVES: Religious rules in Shiite jurisprudence are inferred from the four sources of the Quran, Sunnah, reason and consensus; but in addition to these sources, some foundations such as common law are also mentioned. Based on it, the question arises here “what are the roles of common law and Ertekazat in common law in understanding and inferring the religious rules? This article seeks to answer this question and tries to study and analyze the functions of common law in understanding and inferring the religious rules. The research hypothesis is that common law and Ertekazat in common law are used in understanding the words of religious arguments, subjecting and de-subjecting of common law for the religious documents, proving or denying some rights and other issues that are used by jurists and lawyers in the process of inferencing.
METHOD AND FINDING: The research method is descriptive-analytical. One of the findings of the present study is that most scholars of the Islamic jurisprudence and law have not distinguished between these two foundations; but it is more correct that common law is considered from the category of objective matter in the practical life of people, but Ertekazat in common law are from the category of subjective matter.
CONCLUSION: Presence of custom in the scene of inference causes the contemporary Muslim to realize that the religious rulings are made according to the customary understanding, facts and tangible needs, and therefore in his spiritual biology more obedience to the rulings, commands. He will have the divine and the spiritual program of Islam and his spirituality will be strengthened.
- The Holy Quran.
- Akhound Khorasani, Mohammad-Kadhim (1988). Kefayah al-Osoul. Qom: Aal al-Bayt Institute.
- Alidoust, Abo al-Qasem (2010). Islamic Jurisprudence and Custom. Qom: Research Institute of Islamic.
- Andalib, Hossein (2019). Customary Ertekazat in Islamic jurisprudence and law. Qom: Science and Culture Development Center.
- Ansari, Morteza (1997). Faraed al-Osoul. Qom: Office of Islamic Publications, Affiliated with the Culture and Thought.
- Boroujerdi, Syed Hossein (1993). Taghrirat-e Thalath. Qom: Office of Islamic Publications, Affiliated with the Society of Teachers of the Seminary.
- Fayadh Kaboli, Mohammad Eshaq (1999). Menhaj al-Salehin. Qom: The Office of Grand Ayatollah Muhammad Ishaq Fayaz.
- Haeri Isfahani, Mohammad- Hossein (2013). Al-Fosoul al-Qaraviah fi al-Osoul al-Feqhiah. Qom: Dar al-Ehya al-Olum al-Islamiah Publishing House.
- Hosseini Ameli, Syed Mohammad-Javad (1998). Meftah al-Karamah fi Sharh Ghawaed al-Alamah. Qom: Office of Islamic Publications, Affiliated with the Society of Teachers of the Seminary.
- Hosseini Rouhani, Syed Mohammad Sadeq (2007). Menhaj al-Salehin. Qom: Ijtihad Publications.
- Hosseini Sistani, Syed Ali (1994). Ghaedah La Zarar wa La Zerar. Qom: Office of Ayatollah Sistani.
- Ibn Manzur, Mohammad Ibn Mokarram (1985) Lisan al-Arab. Qom: Publishing the Literature of the Seminary.
- Khoei, Syed Abo al-Qasem (1997). Menhaj al-Salehin. Qom: Madinah al-Elm Publication.
- Khansari, Syed Ahmad (1985). Jame al-Madarek fi Sharh Mokhtasar al-Nafe. Qom: Esmaeilian Institute.
- Principe, Walter (1983). Toward Defining Spirituality. Sciences Rilicieuses studies in Religion. Vol. 12 (Issue. 2): 127-141.
- Musavi Khomeini, Syed Ruhollah (2006). Al-Estehsab. Tehran: Institute for Organizing and Publishing the Works of Imam Khomeini.
- Musavi Khomeini, Syed Ruhollah (1993). Al-Rasael. Qom: Esmaeilian Institute.
- Naeini, Mohammad-Hossein. (1993). Al-Makaseb wa al-Bei. Qom: Office of Islamic Publications, Affiliated with the Society of Teachers of the Seminary.
- Naeini, Mohammad-Hossein. (1994). Mania al-Talib fi Hashiah al-Makaseb. Tehran: Al-Mohammadiah Publications.
- Tabatabaei Qomi, Syed Taqi (2005). Mabani-e Menhaj al-Salehin. Qom: Qalam al-Shargh Publication.
- Tabatabaei Yazdi, Syed Mohammad-Kadhim (2007). Al-Orvah al-Vothqa ma al-Talighat. Qom: Imam Ali Ibn Abi-Talib School.
- Tabrizi, Mirza Javad (1995). Ershad al-Talib ela al-Taliq ala al-Makasib. Qom: Esmaeilian Institute.
- Tabrizi, Mirza Javad (2005). Menhaj al-Salehin. Qom: Imam al-Mahdi Majma.
- Tousi, Mohammad Ibn hasan (2011). Al-Estebsar fi ma Ekhtalef men al-Ekhbar. Research by Kharsan al-Musavi. Tehran: Dar al-Kitab al-Islamiyah.
- Vahid Khorasani, Hossein (2007). Menhaj al-Salehin. Qom: Imam Baqir School.
- Waseti Zubaidi, Mohammad Ibn Mohammad (1993). Taj al-Arous men Jawaher al-Ghamous. Beirut: Dar al-Fikr for Publishing.