The evolution of the principle of caution among religious jurists and the examination of its jurisprudence

Abstract

The issue of caution is one of the principles that the jurists of different religions use it twice, firstly where there is no text, and secondly where there is a text and that is because of the conflict or brevity of the text, and from where the principle of caution and its scope have fluctuated between scholars throughout history, therefore, some consider it above other principles (blame and Istihab) has preferred it and some have considered it preferable, and its territory and historical course are different between religions; In this treatise, an attempt is made to examine the various aspects of the principle of caution, especially the course of evolution and its cases in jurisprudence, using fundamental and jurisprudential texts.

However, the current special form of the principle of caution emerged from the time of Sheikh Ansari (may God have mercy on him) and entered the scientific principles of Shia jurisprudence; However, the application of this principle among Akhbari scholars is much wider than that of Usul scholars.

Sunnah scholars do not use caution as a practical principle in their books with the title of the principle of caution; But in some issues they have issued a fatwa for caution. therefore; The application of this principle among Sunni jurists is much less than that of Imami scholars.

Key words: The course of transformation, practical principles, employment and caution.

Introduction

The principle of caution is one of the most widespread principles in jurisprudence and religious principles, especially the Imamiyya religion, and its importance is to such an extent that many of our jurisprudence rules are explained and interpreted based on this rule, so that the Akhbarites, who are considered a sect of the Imamiyya throughout history, consider it as the most important principle of their jurisprudence. They have assumed that due to this examination of the evolution of caution, it will have an important place in jurisprudence and principles; However, Sunnis have not paid as much attention to this principle as Imamia.

What is evident; Extensive research has been done on this topic, but the majority of these researches have focused on the technical and argumentative analysis and branches of the rule of caution in Arabic, that too in the Imamiyyah; The importance of this research in examining the evolution of this rule and how it was formed is in a comparative and Persian way.

Since this research is of a fundamental type and aims to increase knowledge, it takes place in a specific field of knowledge that can be the basis of applied research; Therefore, the achievement of this research, in addition to being used in scientific and academic assemblies and seminaries, can be used as a source for theoretical and theoretical research in organizations and judicial bodies, and related institutions can be used as an efficient source in jurisprudence and, accordingly, in law. In general and especially Shia jurisprudence. It is on this basis that Shia jurists and to some extent Sunni jurists have dealt with it throughout history.

Of course, the course of evolution of this principle throughout history depends on the views and perspectives of Islamic jurists on this matter, and what is meant by the course of evolution is the contrary dimension and example of the principle, which becomes clear while examining the views of religious jurists in the course of history. makes The basis of this treatise is that while explaining the principle of caution and employment, the course of evolution, the fruit of this principle, the views of Islamic jurists, both Shia and Sunni, are examined and finally explained.

The main question and sub-questions of the research

The main question: 

What is the evolution of the principle of caution among the jurists of Islamic schools of thought?

Sub-questions: 

What is the evolution of the principle of caution in the period of legislation?

What is the evolution of the principle of caution in the period of Ahl al-Bayt and Companions?

What is the evolution of this principle among Shia jurists?

What is the evolution and explanation of it among the Sunni imams?

The main hypothesis

The principle of caution from the beginning of Islam: There has been an era of legislation, the age of the Companions and the Ahl al-Bayt (peace be upon them). Also, this principle has been considered among Shia jurists since the age of occultation until now and has been used by jurists as a reference principle. This principle has been considered among the Sunnis since the emergence of religious schools and they have addressed it in their jurisprudence. Of course, attention to it has been different in different times.

Research background

The principles of caution are generally discussed in the basic books of Shia and some works of Sunni jurisprudence.

Although extensive research has been done on the rule of caution, but the author has chosen this subject for the following reasons..

Most of the researches that have been done about the rule of caution have dealt with the technical and argumentative examination and the branches of the rule of caution, such as Kefaye al-Asul Faraid al-Asul Naini and However, the course of evolution of this rule and its formation have not been discussed.

Most of the literature that has been discussed on this topic is Arabic, so it is necessary to write a research on this matter in Persian.

Most of the literature that has been written on this topic has examined the principle of caution in the jurisprudence and principles of Imamia, but it has not mentioned the evolution of the rule of caution in other religions.

In this case There is no dissertation that deals with the principle of caution independently and separately from other fundamental issues.

Research Objectives

The immediate goal: scientific achievement of what the principle of caution is, how it is used and the course of its evolution by the jurists of different religions.

The distant goal: to express the scope of the use of the principle of caution in jurisprudence

The importance of the research

Its importance is to the extent that many rulings Jurisprudence, which does not have a specific text or is comprehensive, has been explained based on caution, and the scope of its use has expanded so much that the Akhbarites, who are considered a sect of Shia in history, have considered this principle to be the most important principle of their jurisprudence, and among other religions, this principle is also very important, although they do not pay as much attention to this principle as the Imamiyyah. Therefore, the study of the evolution of caution and the examination of some of its jurisprudence will have an important place in jurisprudence and principles.

The benefit of the research

Since this research deals with the evolution of the principle of caution, it can be used in the historical review of the "principle of caution" which is one of the basic rules among different religions. Sale, worship and hijab and . It has a lot of influence and is used a lot in the society, therefore, examining this rule and explaining its evolution can directly affect the personal and social life of the taxpayers. Therefore, caution is the path-breaker for the imitator and mujtahid, of course, in cases where caution is possible.

Type, method and method of data collection and research tools

The type of research is fundamental and it is carried out with the aim of increasing knowledge in a specific field of knowledge and can be the basis of applied research. Abara an al-Hakm al-Majaul lalshaq, lis fieh nazeriya wajeh kashf.”, is the original term that is used for a false ruling in cases of doubt, which does not establish the ruling of kashf; Because in fact, if there is a false ruling for the ignorant in the direction of discovery, it is called "evidence and reason", and if there is no direction of discovery in it, it is called asal, and it includes "practical principle" and "verbal principle". We need it, not in terms of words. Verbal root: "The whole of a verbal sentence is a verbal rule, it is a verbal rule"; a verbal rule is an apparent rule whose channel is the word. it becomes In other words, a responsible person is a mature and wise person who is subject to the provisions of the holy law. For example, if the Shariah says: "Prayer is obligatory on you", performing the prayer is the same as "obligation". Like the obligation of prayer in the previous example.

Caution in words and terms

Caution from the article (h and t) means protection and choosing the safest means, [2] or it means using what is included in it as a precaution. Therefore, caution in the word is gathering, enclosing and being careful.

Caution in jurisprudence and principles

Caution in jurisprudence is examined because, along with ijtihad and imitation, it is one of the ways to fulfill the duty. "Mujtahid, imitator or cautious" is checked.