عنوان مقاله [English]
نویسنده [English]چکیده [English]
Amongst Imami scholors, Sharif Murtadā is one of the first jurists who created some books in genre of comparative jurisprudence. Amongst his books in this genre, the most important after Intisar is Masail AL- Nāşiriyyāt which is composed to explain and sometimes criticize the legal positions of his great grandfather (from his mother side), namely Naşir uţrūşh. This essay concerns to study the methodology of Murtadā in his argumentations and deductions with emphasis on his legal sources and proofs.
The most common in his legal sources is the consensus of Imam scholars which is employed to feel the need for legitimacy in absence of isolated tradition which is not accepted by Murtadā and his master Mufid, though Murtadā claims that the main source of Imami jurisprudents is unanimous traditions, and he tried to improve Imami legal positions on the basis of Kitab (quran) and even isolated traditions and legal analogy which are not accepted by imami scholors or Murtadā and his master.