أدوات إحراز ملاكات الأحكام : دراسة في ضوء فقه المقاصد عند الإمامية

Abstract EN

The need for research in the ark of the provisions grew in the growing reality of life and its development, and this is highlighted by the research in the staffs of the rational dimension behind the legislative system as well as being open to the faqih in the horizon and a useful and active in the process of development, and in light of this concern the imamic jurisprudence research angels, Restricted to the blood of the exit from the major origins of devising at this school, which is not permissible to diligence in front of the text of the construction on the authenticity of the authenticity of the presumption, except what came out evidence of news atheism.

These regulations and other rules governing the process of devolution have worked to control the extent of dependence on the authorities in particular and the purposes of the Shari’ah in general, so as not to turn from a cognitive tool to an ideology that replaces alternative sources, which threatens the legal basis and makes it susceptible to copying and delusion.

On the basis of this, the jurisprudents see that the argument of the angels is that of the pious and reassuring cadres in addition to the devised angels, and not the authoritative mental entities.

This, however, leads to a reduction in the influence of the angels in the process of development, but at the same time hinders their attempts to present them as a complete alternative to traditional jurisprudence.

In light of this, the tools of making the staff at the front were very limited and the most important: the text, the judgment of the mind and the determinative and reassuring, and extrapolation if born or reassured, and the measurement of priority, In the analysis of some of these tools, we find that in fact is due to the text as is the case in the measurement of priority and the revision of the hypothetical, while not linking to some of the text as is the case of reason and this section is which requires in his argument to be useful to pieces or reassurance.