نوع مقاله : پژوهشی (داوری عادی)
دانش آموخته حوزه علمیه خراسان و دانش آموخته دکتری فقه و مبانی حقوق اسلامی دانشگاه عدالت
عنوان مقاله [English]
Investigating the Validity of the Armed Eye in Observing the MoonCrescent focusing on Ayatollah’s Hashemi Shahroudi’s Viewpoint
Ali Elahi Khorasani
The majority of jurisprudents are of the view that observing the moon is legally valid given it is carried out by a naked eye but not an armed aye. However, Ayatollah Hashemi Shahroudi’s view is in contradiction to the viewpoints of the majority of the jurisprudents and he believes that the word observing in texts refers to both naked and armed eyes. Delimiting the observation to the customary observation of the moon crescent by the time of text issuance is not valid. Likewise, based on the text of Sahiheye Mousa bin Ja’far given a sharp eyed person observes the moon, it is equal to observing the moon with magnifier and the jurisprudential criteria for both of them are alike. Thus, the present research is to substantiate the validity of new magnifiers in observing the moon crescent based on Ayatollah Hashemi Shahroudi’s viewpoint. The researcher has scrutinized the ten criticisms leveled against this viewpoint by great scholars such as Sayid Ali Sistani, Shaykh Ja’far Sobhani, Sayid Mahdi Khalkhali, and Shaykh Muhammad Taqi Shahidipour.
 Received in: 22/8/2018 Accepted in: 28/2/2018
 PhD of Islamic Law and Jurisprudence, Graduated from Edalat University and Researcher of Applied Jurisprudence at Civilizational Research Academy.