چکیده:
This article discusses various theories about the content of authoritative evidence of "the presumption of relegious Innocence" (al-Barā’a al-Shar‘īyya). In the last two centuries, theorizing about the contents of the "Authorized Conjectural evidence (al-Amarat al-Sharʿiyyah)" and "Practical Principles (al-usul al-'amaliyya)" has gained special importance in studies and research on the Principles Of Jurisprudence (usul al-fiqh).Despite this, the share of practical principles -with the exception of Asala al-Istishab (Principle of Continuity)- has been insignificant in these discussions. This article attempts to fill this gap regarding the "the presumption of religious innocence. "For this purpose, through efforts to carefully examine the evidence of "presumption of religious innocence ," "the sayings of scholars of usul al-fiqh ," and with an innovative methodology, eight theories were extracted and formulated.These eight theories have been explained and analyzed in three categories: "Raf~ basis," "Legislate and establish the Mandatory Rule (al-hukm al-Taklifi)," and "recommendate (al-Emza)," and approval (al-Ershad)."Finally, the theory of "Removing the necessity of precaution" was recognized as the least defective theory, with amendments and additions, and under the new title "Not legislating precaution."Of course, Some advantages and capacities of other theories were also used in explaining the details of the chosen theory.
خلاصه ماشینی:
Theory One: Removing the Actuality of the Factual Ruling in the Case of Doubt Some, based on the apparent expressions of Akhund Khorasani, have used it to mean that he believes in removing the actuality of the factual ruling in the case of doubt; “The unknown obligation among those who do not know it is actually lifted, even if it is factually established, so there is no blame on it.
It has also been said regarding the second approximation that the common understanding does not infer matters such as removing the requirements of actual rulings or removing the effect of requirements from the phrase “ma la ya’lamun,” and after correcting other possibilities, there is no need to resort to this unlikely inference from the language of the hadiths of exemption (Khomeini, 1418, vol.
Seventh Theory: Guidance Towards Rational Exemption Based on this view, the evidence of legal exemption lacks a legislative ruling and guides towards rational exemption, meaning “the ugliness of punishment without explanation.
ـ Second Objection to the Eighth Theory: Contrary to the Wording of Evidence Some believe that the evidence of exemption wanting to confirm the foundation of the rational people is contrary to the apparent meaning of the evidence of exemption, especially the hadith of lifting (Hashimi Shahroudi, 1431, vol.
In the chosen theory, the meaning of confirmatory exemption is making a similar ruling of the legislator according to the foundation of the rational people in the absence of the obligation of precaution in cases of initial doubts.
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