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An approach to the Expository philosophy of law inspired by the book of Al-Shaykh al-Saduq's Ilal al-sharāyi (Case study of women's dowry rights)
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Mohammad Bagher Amerinia *    |
| Department of Fiqh & Law, Yasouj branch, Islamic Azad University, Yasouj, Iran. |
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Abstract: (344 Views) |
A considerable portion of Iran's laws is rooted in Shia Fiqh (jurisprudence) and is based on four types of evidence, collectively known as Al-Adillah Al-Arba, i.e. the Book of Allah (Qur’an), the Sunnah of the Prophet (S), Reason {aql}, and Consensus {ijma}. In traditional ijtihad (independent reasoning), even ijtihad that follows the Usuli paradigm, the reason or reasons for duties and rights are not usually searched, if not completely. The process of discovering the Hukm (command) involves subjecting the Sharia text, received from God to a thorough documentary and proof examination, and invoking it according to established rules. This is while considering the philosophy behind a text has a great impact on understanding it and discovering the true intention of God. To achieve our goal, it is important to pay attention to the texts received from the infallible leaders (PBUH) and seek their reasons, especially the texts that specify the reason for a duty or a right. This step can be effective in achieving the desired outcome. Al-Shaykh al-Saduq's book Ilal al-sharāyi, the first and only work in this field, can serve as a suitable model for exploring the philosophical issues related to Islamic law. The book has been brought to the author's attention to examine the philosophy of rulings on rights and duties. Additionally, studying one of the key expository rights in this book highlights its importance. Introducing the expository text in its jurisprudential sense, explaining the expository feature of the book Ilal al-sharāyi, the possibility of reaching the philosophy of law through these texts despite the difficulty of discovering the reason or reasons in the texts attributed to Sharia (the God) are among the propositions that are examined in this research. Several narrations in this work provide insight into the cultural and societal context of the era, thus enabling us to comprehend the concept of dowry as a right for women.
- Amerinia, M B. (2024). An approach to the Expository philosophy of law inspired by the book of Al-Shaykh al-Saduq's Ilal al-sharāyi (Case study of women's dowry rights), Journal of Legal Philosophy Studies, 1(1), 1-22. |
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| Keywords: Ilal al-Sharāyi, Philosophy of Duties, Philosophy of Law, The Right of Dowry, The Fall of Dowry |
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Full-Text [PDF 734 kb]
(194 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/09/25 | Accepted: 2023/11/24 | Published: 2024/01/5
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