نوع مقاله : پژوهشی (داوری عادی)
نویسندگان
1 مدرس درس خارج حوزه علمیه خراسان
2 دانش آموخته سطح سه فقه مقارن و دانشجوی دکتری فقه و مبانی حقوق اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Presumption of Continuity (Istishāb) is one of the most applicable evidences in deducing legal rules, one of which is future time presumption of continuity according to definite and uncertain time. Future time presumption of continuity means that given all the three sureness time, doubt, and definite happen at present before the obliged but the uncertain time is presumed in the future, it is reinstated from its continuation to the future. Likewise present common type of presumption of continuity, such a kind of presumption of continuity has got paramount significance and application to jurisprudence and deduces rules. However, most of Osūli scholars have failed to discuss it and trivial discussion have been made regarding to this type of presumption of continuity in Osūli books, albeit there are some evidences to the effect that future time presumption of continuity could be proved. The traditions on the issue of presumption of continuity and conformity of presumption of continuity with future time presumption of continuity prove the validity of future time presumption of continuity and would resolve the proposed problems in this regard. Similarly, a review of its applications to jurisprudence such as bedār permissibility, blood money non- reparation, early transaction necessity, trustee's justice, fetwā alteration, and etc. all show the significance of this type of presumption of continuity.
کلیدواژهها [English]
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