نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد، مدرس حوزة علمیة قم
2 کارشناس ارشد فقه و مبانی حقوق اسلامی، پردیس فارابی، دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Analysis of the evolutionary trend oforiginality of posterior occurrence in the history of Shi'ah jurisprudence as a widely-used principle within the numerous jurisprudential subjects and as an effective principle in legislation will clarify the time, reason, and the effect of the jurisprudents' changing views toward the aforementioned principle. Some theories such as generality of permissibility and execution, absolute negation of execution and expounding the stream or lack of stream are discussed concerning this principle. Transforming into a demonstrative principle, conflict with the opposite identical principle, and defects of bases and conditions of continuity presumption (Isteshab) are brought up as the grounds of the opponents of principle of posterior occurrence. In contrast, a number of reasons like conduct of the wise, the traditional reliance on practical stream compatible with this principle, and compatibility of the generality of the cause of continuity presumption have been cited to support this principle. This article has presented a new approach to the analysis of historical evolution of the stream of this principle. Analyzing the evidences and presuppositions of the opponents of the principle of posterior occurrence and solving the raised problems, it tries to discover a way to remove the conflict in some forms of doubts and to prevent from changing this principle into a demonstrative principle. Meanwhile, it gives another description for the forms of doubts, and pays attention to the influence of the probability of coincidence and the inference of the stream thereto in some cases.
کلیدواژهها [English]
