Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

The Role of Custom in Discovering the Criteria of Rulings: Emphasizing the Views of Prominent Shia Jurists from the 5th to 7th Century

Authors: Ibrahim Behesht; Mohammad Sadegh Kamlan; Seyyed MohammadAli Ayazi;

The Role of Custom in Discovering the Criteria of Rulings: Emphasizing the Views of Prominent Shia Jurists from the 5th to 7th Century

Abstract

Twelver Shia jurisprudence has long been efficient, dynamic, and responsive to societal issues and needs. Due to this advantage, it has been able to guide the Shia community through various historical periods, such as times of marginalization or governance, while maintaining adherence to jurisprudential principles. Despite the influence of multiple factors, custom (ʿurf) may be regarded as playing a fundamental role in this regard. This study, relying on library sources and using a descriptive-analytical method, seeks to answer the question of what role custom played in discovering the criteria (milākāt) of rulings from the perspective of Twelver Shia jurists between the 11th and 13th centuries CE. Examining this issue within a historical framework will not only elucidate the views of jurists from this period and clarify the scholarly developments but will also provide the possibility of mapping the fluctuations of related jurisprudential discussions. Additionally, it will assist in identifying opportunities and challenges in this domain. The conditions for the realization of custom, the transformations of customary practices, the discovery of the criteria of rulings through custom, the interrelation between the authority (ḥujjiyyah) of custom and the ruling of reason (ʿaql), and the perspectives of prominent jurists of this period—such as Shaykh al-Mufid, Sayyid al-Murtada, Ibn Idris, Ibn Zuhra, al-Muhaqqiq al-Hilli, and Sayyid Ibn Tawus—are among the key topics discussed in this study. The findings of this research indicate that the authority of custom extends beyond mere validation or the absence of prohibition. Some jurists equated custom with rational consensus (bināʾ al-ʿuqalāʾ) or the practice of rational individuals (sīrah al-ʿuqalāʾ), considering them to have identical effects. Moreover, certain scholars viewed the authority of custom as intrinsic, suggesting that custom, akin to reason, could serve as one of the sources for discovering the criteria of rulings.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!