Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 3 2 2017 08 23 Proportion of the Precept to Subject Matter with an Approach to the Custom's Instrumental Function Proportion of the Precept to Subject Matter with an Approach to the Custom's Instrumental Function 81 107 65478 10.22081/jrj.2017.65478 FA Mahdi Dehghan Yasooj Abolfazl Alishahi Yasooj Abdollah BahmanPoori Yasooj un Journal Article 2017 09 23 Prior to deducing Islamic precepts, a jurist's mission is to know the effective method of ijtihad without which gaining access to the Shari'ah is impossible. In Shari'ah, the religious precepts are categorized in three main categories of precepts, precept's subject matter, and the dependent. Occasionally, in deducing religious precepts, subject matter is liable to some changes depending on the subject, circumstances, or some conditions which end in the change of the precepts to be issued. Congruence of precept and subject matter include cases and criteria that while referring to a reason, it attracts one's attention to itself unconsciously. The present paper has attempted to illustrate the existing relations between the subject matter and the precept and its significance from outstanding Shia jurisprudents' and Osuli scholars' perspectives. The author believes that by the virtue of authentic texts (nosus) and traditions (ahadith), one might issue a primary precept irrespective of trapping in analogy and he does not need to resort to secondary subject so much. Key words: the congruence of the precept and subject, religious precept, custom, deducing precepts, rational unconsciousness. Prior to deducing Islamic precepts, a jurist's mission is to know the effective method of ijtihad without which gaining access to the Shari'ah is impossible. In Shari'ah, the religious precepts are categorized in three main categories of precepts, precept's subject matter, and the dependent. Occasionally, in deducing religious precepts, subject matter is liable to some changes depending on the subject, circumstances, or some conditions which end in the change of the precepts to be issued. Congruence of precept and subject matter include cases and criteria that while referring to a reason, it attracts one's attention to itself unconsciously. The present paper has attempted to illustrate the existing relations between the subject matter and the precept and its significance from outstanding Shia jurisprudents' and Osuli scholars' perspectives. The author believes that by the virtue of authentic texts (nosus) and traditions (ahadith), one might issue a primary precept irrespective of trapping in analogy and he does not need to resort to secondary subject so much. Key words: the congruence of the precept and subject, religious precept, custom, deducing precepts, rational unconsciousness.

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