چکیده:
Amongst Imami scholors، Sharif Murtadā is one of the first jurists who created some books in genre of comparative jurisprudence. Amongst his books in this genre، the most important after Intisar is Masail AL- Nāşiriyyāt which is composed to explain and sometimes criticize the legal positions of his great grandfather (from his mother side)، namely Naşir uţrūşh. This essay concerns to study the methodology of Murtadā in his argumentations and deductions with emphasis on his legal sources and proofs. The most common in his legal sources is the consensus of Imam scholars which is employed to feel the need for legitimacy in absence of isolated tradition which is not accepted by Murtadā and his master Mufid، though Murtadā claims that the main source of Imami jurisprudents is unanimous traditions، and he tried to improve Imami legal positions on the basis of Kitab (quran) and even isolated traditions and legal analogy which are not accepted by imami scholors or Murtadā and his master.
خلاصه ماشینی:
3. Sources of Seyyed Mortaza’s legal deductions In the book Naseriyat, Seyyed Mortaza, like in Entesar and his other books and treatises in Fiqh al-Khilaf, has sought and strived (and succeeded) to refer to reasons acceptable to other schools of thought (both Shiite and non-Shiite), but nevertheless, in most cases, he has never refrained from explicitly stating one of the accepted or specific evidence of the Imamiyyah: Consensus of the Imamiyyah: Seyyed’s reference to the consensus of the Imamiyyah (and his explicit statement of its validity among the Shiites) is so numerous that he himself repeatedly uses expressions such as “previous consensus,” “the aforementioned consensus,” “repeated consensus,” and “fluctuating consensus.
As we mentioned before, in Seyyed’s view, acting upon qiyas also prevents accepting the report, therefore, the reports of renowned Shi'a theologians from the companions of the Imams b who practiced qiyas in jurisprudence are not transferable and acceptable: “Among our narrators and transmitters of hadiths, there are those who believe in qiyas and follow it in the Sharia, such as al-Fadl ibn Shadhan, Yunus, and a group of well-known people, and there is no doubt that believing in the correctness of qiyas in the Sharia is disbelief because justice cannot be established with it, so how can we accept a single-narrator report from them?” (Seyyed Mortaza, al-Rasail, vol.
الانتصار، مقدمه از سید محمد رضا خرسان و تحقیق از سید محمد مهدی خرسان، المطبعة الحیدریة، نجف (افست منشورات الشریف الرضی در قم).
الرسائل، با مقدمه سید احمد حسینی و تحقیق سید مهدی رجایی، قم، دارالقرآن الکریم.
(
, 
, 
)
