Validation of historians' reports about the practical life of the infallibles and its usage in the inference of religious rulings

Nazaritavakkoli, Saeed; Sabouei Jahromi, Saeed; Taghvaeian, Seyed Reza

doi:10.22034/mfu.2023.62903

Validation of historians' reports about the practical life of the infallibles and its usage in the inference of religious rulings

Document Type : Original Article

Authors

¹ Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, University of Tehran, Tehran, Iran

² PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, University of Tehran, Tehran, Iran

³ 2nd level scholar of Qom Seminary, Qom, Iran

10.22034/mfu.2023.62903

Abstract

Some Sunni jurists have made jurisprudential use of the historians' reports in the Sirah books (books about infallible’s life). While the Jaʿfari (Imamiyya) jurists do not want to infer to historical sources in their jurisprudence inference. Since historical books can provide jurists with a lot of data about the speech and behavior of infallibles, it seems necessary to investigate the possibility of citing the reports of historians in jurisprudential inferences. Therefore, in the present study, we try to answer the question of whether the historians' reports of the lives of the infallibles can be considered an independent reason in jurisprudential inference. The findings of the present research, which was carried out by descriptive-analytical method and based on library data, it shows that although the four titles "khabar vahed" (single news), "expert's opinion", "khabar motavater" (frequent news) and "instead" (blocking in Islamic sources) can be used as proofs of the authenticity of the historian's report. But according to the limitations and methodological problems in historical sources, only by accepting the validity of "Ensedad" in historians' reports, historical sources can be considered as one of the jurisprudential reasons for inferring imperative rule or positive rules.

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