نوع مقاله : مقاله پژوهشی
استادیار گروه فقه و حقوق شافعی دانشکده علوم انسانی و اجتماعی دانشگاه کردستان، سنندج، ایران.
عنوان مقاله [English]
Different interpretations of religious texts have always been controversial topics, and in the science of interpretation and principles of jurisprudence, rules and solutions have been presented to provide correct interpretation of texts; However, different readings of texts have a history as old as jurisprudence. The need to interpret texts in the historical horizon of issuing is one of the important rules of interpretation that can help to prefer one of the jurisprudential readings. One of the differences in jurisprudence of Islamic schools of thought is Jahr to "Basmalah" in prayer. Shafi'i and Imamiyyah are in favor of Jahr, while Hanafi'i, Maliki's and Hanbali's are in favor of not Jahr. The main reason for both views is the citation of identical traditions that express the quality of the Imamate of the Prophet (PBUH). The present research has investigated the influence of the historical attitude of jurists on the interpretation of similar traditions with descriptive-analytical method and by citing library sources, and by presenting historical evidence and the formation of a hadith family, it has shown that the mentioned traditions do not necessarily indicate the negation of Basmalah and are related to the induction of hadiths. It is clear that the mention of the phrases of the first verse in the hadiths refers to the surah and expresses the necessity of reciting Surah Hamad in prayer.