Islamic Law

Islamic Law

A critical examination of the views of Usuliin in the concept of definition and its application in solving jurisprudential and legal issues

Articles in Press

Document Type : Original Article

Author
mohammad rasool ahangaran
Associate Professor, University of Tehran, Campus Farabi, Tehran, Iran
10.22034/ilaw.2024.713262
Abstract
The concept of description is one of the types of the opposite concept, which has been proposed and investigated among the experts in the science of principles, both Imamiyyah and Sunni, which has been criticized and challenged in this article from four aspects. These directions are 1- defining and identifying the concept of description. 2- Planning the place of conflict and disagreement between the experts. 3- How to argue and the reasons of the proponents, on the one hand, and on the other hand, the problems proposed by the opponents of the existence of a concept for words that include description. 4- Adaptations and application of the concept of definition in solving jurisprudential and legal issues. The result of this article, which was written in a descriptive analytical method and using library data, is that the existence of a concept for propositions containing a description depends on proving the exclusive involvement of the description in the sentence and its involvement as a precautionary clause. It is not related and the aforementioned confusion caused problems in the four mentioned directions.
Keywords
Descriptive concept
opposite concept
exclusive intervention
precautionary clause

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