Jurisprudence and reason (book)

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In this context, the book mentions three harms that jurists should avoid:

unreliable conjecture (zann) and Istihsan: The book of Jurisprudence and Reason considers approval to be the imposition of personal tastes in the name of reason and on the enemies of reason which should be avoided. For example, some researchers have been criticized for considering that the child is directly related to the mother and indirectly to the grandfather, and that the guardianship of the child after the death of the father is with the mother (p. 189).

Improper use of reason: To distinguish the subjects of rulings such as water and blood or instances of subjects such as ~~absolute~~ and ~~added~~ water, one must refer to custom, not reason (p. 190). Because there is a strong possibility that reason will make mistakes in recognizing things that are common in nature.

Improper use of reason: To distinguish the subjects of rulings such as water and blood or instances of subjects such as pure water (mutlaq) and mixed water (mudaf), one must refer to custom, not reason (p. 190). Because there is a strong possibility that reason will make mistakes in recognizing things that are common in nature.

The mistake of the wisdom of the ruling with the subject of the ruling: According to Abolqassem Alidoost, every ruling has a subject on which the ruling is made, and it has a wisdom that is assigned to that subject because of that ruling. For example, prayer is the subject of the ruling on the obligation of prayer, and its wisdom is to prevent fornication and malevolence. Therefore, it is not possible to cancel the nature of the obligation of prayer and consider any act that prohibits fornication and malevolence as obligatory (pp. 191-192).

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 In this context, the book mentions three harms that jurists should avoid:
 unreliable conjecture (zann) and Istihsan: The book of Jurisprudence and Reason considers approval to be the imposition of personal tastes in the name of reason and on the enemies of reason which should be avoided. For example, some researchers have been criticized for considering that the child is directly related to the mother and indirectly to the grandfather, and that the guardianship of the child after the death of the father is with the mother (p. 189).
-Improper use of reason: To distinguish the subjects of rulings such as water and blood or instances of subjects such as absolute and added water, one must refer to custom, not reason (p. 190). Because there is a strong possibility that reason will make mistakes in recognizing things that are common in nature.
+Improper use of reason: To distinguish the subjects of rulings such as water and blood or instances of subjects such as pure water (mutlaq) and mixed water (mudaf), one must refer to custom, not reason (p. 190). Because there is a strong possibility that reason will make mistakes in recognizing things that are common in nature.
 The mistake of the wisdom of the ruling with the subject of the ruling: According to Abolqassem Alidoost, every ruling has a subject on which the ruling is made, and it has a wisdom that is assigned to that subject because of that ruling. For example, prayer is the subject of the ruling on the obligation of prayer, and its wisdom is to prevent fornication and malevolence. Therefore, it is not possible to cancel the nature of the obligation of prayer and consider any act that prohibits fornication and malevolence as obligatory (pp. 191-192).

Jurisprudence and reason (book): Difference between revisions