A critique on the view of the abandonment of the Qur'an in the process of deriving a ruling"A case study of the Qur'anic citations of Mohagheg Khooi (Chapters of Qadha and Testimonies)"
Subject Areas : Quarterly Sabzevaran Fadak
Reza Sarabi
1
,
mohammad reza elmi soula
2
,
hossein naseri moghaddam
3
1 - Master's student in Fiqh and Fundamentals of Islamic Law, Ferdowsi University of Mashhad
2 - Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Ferdowsi University of Mashhad
3 - Professor of Fiqh and Fundamentals of Islamic Law Department, Ferdowsi University of Mashhad
Keywords: The Holy Qur', an, Mohaghegh Khui, jurisprudential references, Qada, shahadat, ,
Abstract :
The Holy Quran and the traditions of Ahl al-Bayt (PBUH) are among the most significant sources of deriving rulings; However, it is worth paying attention to this common notion that jurists have not made the Qur'an the criterion of their jurisprudence as it should be, and their main emphasis in deriving Shariah rulings is based on hadiths. The present essay in a descriptive-analytical research, the jurisprudence of Ayatollah Khoui as one of the most prominent contemporary jurisprudents in the chapters of Qadha and Shahadat, in a comparative and consistent manner with the authors of the most authoritative books on jurisprudence of the Qur'an, which are somehow specialized in the field of jurisprudence. have been compiled, studied. The research report shows that this great jurist had a good look at the verses in the process of deriving rulings, and perhaps in some cases, they considered Quranic references and proofs in issuing fatwas even more than the books of verses and rulings, in such a way that sometimes with insistence To the Quran, they have adopted a view opposite to the view of famous jurists.
