Principle of Application or Presumption of Mastery and its Effects on Principle of Jurisprudence

Subject Areas : Private law

Abbas Arab Khazaeli ¹ , Abbas Arab Khazaeli ² , Alireza Askari ³ , Mohamamd Mehdi Ahamdi ⁴

1 - واحد قم
2 - واحد قم
3 - واحد قم
4 - واحد قم

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Mastery, Applicable principle, Reason of Ijtihad,

Abstract :

Principle of mastery is one of the commonly-used matters in science/ knowledge of religious jurisprudence. It was defined as a verdict on the permanence of what was in the past. From the start of coming into existence of the science/ knowledge, the experts of jurisprudence believed that traditions were the reason for the proof of mastery and mastery was an established or for mere obedience rule in times of doubt. Consequently, the principle of mastery is one of the principles of application. However, most experts of jurisprudence after Behbahani believed that the reason for the proof of mastery is wisdom. Therefore, the principle of mastery is an inconclusive presumption of personal reasoning. In this research an attempt was made to take into consideration the attitudes of the experts of jurisprudence about the principle of mastery and its application in religious jurisprudence and law.