چکیده:
Tajarri means opposing a legal or rational proof without actually being in opposition to reality. This issue is one of those categories that will have a different nature depending on the type of perspective taken towards it. However, since it is addressed in the science of Usul al-Fiqh, there is a difference of opinion among Usulis regarding its ruling. In this regard, Mohaghegh Khorasani holds that it is forbidden and warrants punishment for the individual who performs this act. To prove his view, he has cited several instances and evidences and has examined topics involved in this discussion, such as the non-optionality of the 'act of tajarri,' examining the optionality of the category of will or its absence, and examining the relationship of man to the realm of the Master (Mawla). In contrast, Imam Khomeini, through a precise examination of the nature of tajarri, maintains that there is no prohibition and no entitlement to punishment for the one performing tajarri, and with this criterion, he criticizes the views of Mohaghegh Khorasani. In this writing, the jurisprudential acceptance of the nature of tajarri has been confirmed using a descriptive-analytical method based on the view of Imam Khomeini.
خلاصه ماشینی:
A Critical Re-reading of the View of Muhaqqiq Khorasani (RA) on Tajarri, relying on the views of Imam Khomeini (RA) 1 Taher Ali Mohammadi 2 Mohammad Mahdi Zarei 3 Hamzeh Nazarpour 4 Abstract Tajarri means opposing a legal (Sharia) or rational proof without there being an actual opposition to reality.
To prove his view, he has cited several cases and evidences and has addressed discussions involved in this debate, such as the non-voluntariness of the act of the 'mutajarri' (one who commits tajarri), examining the voluntariness of the category of will or its absence, and examining the proximity and distance of man relative to Date received: 17/10/1396; Date accepted: 12/07/1397 Associate Professor of Jurisprudence and Foundations of Islamic Law, University of Ilam, (Corresponding Author).
By rejecting the principle-based nature of tajarri (Musawi Khomeini, 1415, 1/48), the Imam also rejects the jurisprudential nature of tajarri in another place; because the attachment of a legal ruling to its prohibition is not correct; for the reason that the assumption of its correctness through the criterion (malak) and basis (manat) is the audacity that occurs in sin, which of course in this case would necessitate infinity; meaning it would become necessary that the servant becomes deserving of infinite punishments (Subhani, 1423, 2/299).
(
, 
, 
)
