By Muhammad Baqir As-Sadr

ISBN-10: 1851683240

ISBN-13: 9781851683246

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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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.

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Lessons in Islamic Jurisprudence by Muhammad Baqir As-Sadr


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