By Muhammad Baqir As-Sadr
During this, the 1st English translation of 1 of the main well-known books by means of the influential Islamic philosopher al-Sadr, an acclaimed historian explains and locations in context the philosopher's perspectives.
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Extra resources for Lessons in Islamic Jurisprudence
1) When the jurist wishes to answer these questions, he will for example answer the ¥rst question in the af¥rmative, saying that immersion in water is forbidden to one who fasts. He derives this answer as follows: the account of Ya‘qub b. ” This sentence, given its particular construction, indicates prohibitedness according to common usage. The transmitter of the account is a reliable transmitter, and the Lawgiver has commanded us not to suspect a reliable transmitter of error or lying. Although he may at times make a mistake or relate idiosyncratic accounts, yet we are to consider him as a source of evidence.
Let us mention for this purpose elementary examples of this procedure in brief in order that by study and comparison we may arrive at a de¥nite idea of what the common elements in the procedure of derivation are. Suppose that the jurist (the specialist in the divine law) faces these questions: 1. When fasting, is it forbidden to immerse oneself in water? 2. Is it obligatory for someone who inherits property from his father to pay the tax of one-¥fth on it? 3. Is prayer nulli¥ed by laughing out loud in the course of it?
Brill, 1995, IX: 181–4. 6. Ibn as>-Salah, Muqaddimah Ibn as>-Salah, Cairo: Dar al-Ma‘arif, 1411/1990, pp. 453–5. I am grateful to Dr. Aron Zysow for this reference. 7. Hossein Modarressi-Tabataba’i, An Introduction to Shi‘i Law: A Bibliographical Study, London: Ithaca Press, 1984, p. 4 and note 2, in which Muhammad Baqir as>-Sadr is quoted as saying that reason is a potential rather than actual source of law. 34 Lessons in Islamic Jurisprudence 8. Charles Donahue, “A Crisis of Law? Re§ections on the Church and the Law over the Centuries,” forthcoming.
Lessons in Islamic Jurisprudence by Muhammad Baqir As-Sadr