نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه فقه و مبانی حقوق، دانشکده الهیات، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The Qur'an is the most important source of legislation in all Islamic denominations. Sunnah, i.e. the sayings, actions, and tacit approval of the Prophet Muhammad (pbuh) or the Infallibles (as), after the Qur'an, is considered also the most widely used source among all Islamic sects. A criterion that can play an important role in evaluating hadiths is considering the verses clarifying the general purposes of sharia (maqāṣid al-sharīʿa). These verses do not explain divine rulings (aḥkām), but rather explain the general goals of the sharia or express the wisdom behind the rulings. This article examines the role of these goals in evaluating hadiths, using the descriptive-analytical method. It studies and examines the functions of the verses clarifying the goals in relation to the extracted hadiths. Attention to the explicit Qur'anic verses which indicate the general goals can lead to new interpretations of such hadiths, so that without considering these goals, such outward meaning (ẓuhūr) would not be established. These Qur'anic verses have a significant impact on the understanding and interpretation, as well as the restriction and expansion of the hadiths. If they transgress the indisputable preferences (murajjiḥāt-i manṣūṣah) they may function as one of the preferences of the contradiction issue (bāb-i taʿāruḍ). Eventually, recognizing these general goals can be considered as a criterion for assessing the soundness (ṣiḥat) of hadiths. In one of the stages of ijtihad, i.e. facing religious narratives, there is a significant discrepancy among contemporary Shi'ite researchers regarding the application of the maqāṣid al-sharīʿa. The author intends to refer to the relevant legal and theoretical discussions to prove this point.
کلیدواژهها [English]
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