New PDF release: Shi’i Jurisprudence and Constitution: Revolution in Iran

By Amirhassan Boozari (auth.)

ISBN-10: 0230118461

ISBN-13: 9780230118461

ISBN-10: 1349293210

ISBN-13: 9781349293216

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For proving such generality, we need UṣŪL Ī JURISPRUDENCE AND REASON 21 another reason that can be furnished by the mutammim al-jaʽl (complementary assignment) of a supplement capable of helping us conclude its natījat al-itl āq (unexceptional application). A supplement of this nature would be our qasd al-imtithāl bi amr al- wājib al-ʽibādī (intention to comply with mandatory rules in devotional acts), ijmāʽ (consensus), or the rule of reason in nondevotional mandatory acts for which general inclusion is not as commonly presumed as in devotional ones.

To al-Karakī, not only could such division of authority not compromise the original and doctrinal lack of legitimacy of a non-Imam ruler,38 but even the religious authority of the competent jurist—which in his language came to be known as the Mujtahid al-Zamān (mujtahid 40 SHI’I JURISPRUDENCE AND CONSTITUTION of the time)—was charged with limits in purely religious issues. In other words, he strictly preserved the Imam’s religious rule in the areas of law that had already been established as immutable, mandatory, or prohibitory rules.

Thus, the leader of prayer should be either the Imam himself, or one of the most knowledgeable Muslims of each given time and place who has the Imam’s prior idhn (permission) and nasb (appointment). For Shīʽī jurists, the question has been whether the authority for granting permission to perform the Friday Prayer in the time of the occultation of the Imam should be reserved and restricted to the life and presence of the Imam, or whether it belongs to the transferable authorities of the Imam—like the adjudication of legal disputes—in which case it could be granted by the Imam’s deputy.

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Shi’i Jurisprudence and Constitution: Revolution in Iran by Amirhassan Boozari (auth.)

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