عنوان مقاله [English]
The primary condition is a type of condition. There is disagreement among the jurisprudents on the necessity of fulfilling or not fulfilling the condition. Most of the jurisprudents do not consider it necessary to fulfill the conditions but some modern jurisprudents, in spite of the famous opinion, hold that it is necessary to fulfill the conditions. Condition has different customary and literal meanings in the areas of principles of jurisprudence, jurisprudence, law and so on. But because it has not been defined by legislator, it is confined to its customary meaning. Condition is applied in two different customary meanings: necessity of and adherence to the stipulation, and absolute necessity and adherence. The same two meanings are the basis for the development of two different views of the pros and cons of fulfilling the primary condition. The present study, using an analytical-descriptive method of research, studies the concept of primary condition. Next, reviewing the evidences of the pros and cons of primary condition, on the one hand it criticizes the evidences of the pros and holds that they are insufficient. On the other, it relies on the general and specific, private and public evidences for the fulfillment of the conditions like al-mu‘minūna ’inda shurūtihim and arbitrariness of the science of jurisprudence and tries to strengthen the view of the cons of fulfillment of the primary condition.