چکیده:
The Mujtahid (master jurist), after doubting in Ḥukm Taklīfī (defining law) and not finding ʼImārah (indication leading to a speculative reasoning), unavoidably performs practical principles to relieve confusion. Subjects which are the place of performance of practical principles may have with them inherent, implicant and attendant whether they are legal or non-legal or direct or indirect. In principles of Jurisprudence, the scope and validity of each of these cases is examined under the title of Muthbit Principle. Considering logical order, before discussing on validity this principle, one must first be introduced to the concept of Muthbit Principle and determine its scope as well. With a brief view at the provided definitions for Muthbit Principle by Usuli scholars, it can be clearly seen the essential difference between each of those definitions. Having used the analytical method, this study counted and criticized various definitions of Muthbit Principle. Finally, a comprehensive definition which can include all components of said principle has been provided. Muthbit Principle is a principle that, in order to achieve the legal ruling, seeks to prove inherent or non-legal intermediates, implicant or legal attendant which is arranged on legal and non-legal intermediates. So, legal intermediates which follow legal effects will also be a Muthbit Principle.
خلاصه ماشینی:
Conceptualization, Asl al-Muthbit, authority of Asl al-Muthbit, practical principles (usul al-amaliyya), istishab Introduction Sometimes, as a result of various interpretations of the concept of a word or the provision of vague or incorrect definitions of it, deep disagreements arise that lead to different consequences and results.
The definitions provided for this principle in books of principles (usul) have also been very brief and merely introductory, the most important of which are mentioned in this article; therefore, and given the practical nature of the discussion on the authority or lack thereof of Asl al-Muthbit, this treatise can be considered an important step toward clarifying the semantic meaning of the aforementioned principle and a preliminary for the discussion of its authority.
Second definition: The positive principle refers to the legal effects that are imposed upon it by virtue of a rational matter or the accompaniment (mulazim) or necessity (malzum) of the mustashhab (Iraqi, 1411 AH, 5/240).
Another researcher has provided this definition in a different wording: The positive principle is considered among the terms of opposites (alfaz al-addad), and what is meant by it is a principle that does not legally prove anything, and the objective is the rational and customary effects of the mustashhab that the evidences of istishab do not include; because the hand of legislation (yad al-ja'l) does not reach it (Faqih, 1418 AH, 1/72).
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