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The Reliability of Shahed-e Hal in Imamiyah Jurisprudence with Emphasis on the Conduct of the Infallibles (a.s.)
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Sayyid Mustafa Malihi   |
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Abstract: (1162 Views) |
| Permission and consent for taking possession of something and transfer of ownerships and rights form the basis of transactions. Accordingly, the validity of the other actions of traders are delineated in line with articulating an intention based on the consent devoid of defects. One of the important issues in this regard is determining the methods of discovering the realization of consent. In addition to explicit permission, implicit permission, consent based on action and speech and permission and consent resulting from shahed-e hal are also considered as a theory in Imamiyyah jurisprudence. However, different views have been expressed in regard to the circumstances, reliability and authority of shahed-e hal. The differences of opinion about the existing circumstances has caused the formation of two theories for and against the principle of the reliability of shahed-e hal as a manifestation of the will. The opponents, in some cases, emphasize the inadequacy of shahed-e hal and its lack of authenticity. In contrast, there is a lack of consensus among the proponents. They have developed various theories on shahed-e hal such as ‘It is reliable provided that it is definite.’, ‘It is reliable provided that it is typical.’, ‘It is reliable provided that it is accompanied by other evidence.’ and ‘It is reliable if it is simultaneous with explicit permission.’ while emphasizing its reliability on the basis of its authority. In order to examine the relevant theories and opinions and achieve a jurisprudential result, it is necessary to analyze the stage of existence and realization of shahed-e hal and its authority stage from the perspective of the conduct of the infallibles (a.s.) as the main sources of the reliability of shahed-e hal. |
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| Keywords: permission for taking possession, consent for taking possession, fahwa al-khitab, shahed-e hal, the conduct of the Infallibles. |
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Full-Text [PDF 299 kb]
(327 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2021/05/3 | Accepted: 2021/04/30 | Published: 2021/04/30
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