نوع مقاله : پژوهشی (داوری عادی)
عضو هیات علمی پژوهشگاه علوم و فرهنگ اسلامی وابسته به دفتر تبلیغات اسلامی حوزه علمیه قم
عنوان مقاله [English]
Undoubtedly, the Holy Qur’ān and Sunnah (Tradition) are two important resources for deducing the jurisprudential rules. Many traditions enjoy features which make the jurists face challenges eliciting the rules in many cases, therefore, they have less practicality in deduction. According to the infallible Imam’s traditions, the solicitants of questions would ask questions from limited scopes. The infallible Imams would answer to those specific questions for some reasons and would give a specific rule or answer to a certain points. Moreover, the Qur’ān has rarely stated the rule for a certain referent or has confined the rules to a limited case. By referring to the methods and rulings for departing a certain referent and confined case mentioned in the verses and traditions,
the researcher has studied the noteworthy types of text departure as follows: the cases whose causes are stipulated in the Qur’ān and traditions, the analogy of priority, some cases which are certainly expedient are certainly valid such as basis expurgation, finally, some of the cases could not be stated as methods along with other ones such as the unification of two issues methodologically.