Analysis of Ahl-e-hadith and Akhbariun use of trimming of criteria (tanqih-e-manat) in the issue of usury exceptions
Subject Areas : New issues
mahboobe hosseini
1
(
Jurisprudence and Fundamentals of Islamic Law, Mashhad unit, Islamic Azad University, Mashhad Iran.
)
ozra entekhabian
2
(
Jurisprudence and Fundamentals of Islamic Law, Mashhad unit, Islamic Azad University, Mashhad Iran.
)
mohsen razmi
3
(
Faculty of Theology and Islamic knowledge, Islamic Azad University, Mashhad, Iran.
)
Keywords: Trimming of criteria (Tanqih-e-manat), Separate the traits, Ahl-e-hadith, Akhbaris, Apparent understanding, usury exceptions.,
Abstract :
Ahl-e-hadith and Akhbariun both has emphasized on the appearances of the narrations and the prohibition of wisdom and comparison and opinion in deduction of the Sharia`s ruling. At the same time, in some cases, they have cited and used the trimming of criteria (tanqih-e-manat). Is this use against their principles? In this research, we have shown, by emphasizing on solving the problem of usury exceptions, that the trimming of criteria and it equivalent phrase in Akhbariun and Osouliun wording have five meanings: 1. The Inferred cause conjectural comparison, 2. The completely certainty said and Specified cause comparison, 3. Trimming of an unspecified certain cause from a pseudo-cause then generalizing it. 4. Separate of the redundant traits from the actual subject then develop it, 5. The ambiguous meaning between these meanings. The valid trimming of criteria (tanqih-e-manat) is matched to the third and fourth meanings, according to the Osouliun view. Scholars understand the cause from the appearance of the text (Estezhar) in the third meaning and understand the subject from the appearance of the text in the forth. Therefore, the method and the reason in both meanings of the trimming of criteria are related to the appearances of the narrations, which is in accordance to the principles of Akhbariun and have used in the issue of usury exceptions. The valid trimming of criteria in Akhbariun citations is carried on these two meanings. But in cases where they do not consider the trimming of criteria as a valid reason, they have considered the conjecture comparison.
