مطالعات فقه و حقوق اسلامی (Sep 2022)

The effect of Conservatism on jurisprudential inference

  • Saeid Ziyaeifar

DOI
https://doi.org/10.22075/feqh.2021.23725.2913
Journal volume & issue
Vol. 14, no. 28
pp. 195 – 218

Abstract

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Conservatism is one of the influential matters on jurisprudence and has two types of admissible and inadmissible. The effects of these two on jurisprudence have to be known distinguished. The question is how inadmissible conservatism has influenced our Inference. Study shows that unjustified conservatism has had effects in reducing the use of the Qur'an, reason, and the criteria of rulings, although in optimal situation there has to be no such an effect because these have vast capacity in Inference and conservatism has prevented their admissible use. conservatism has also played an important role in increasing reliance on consensus and narrative while some of them are both eligible and should be removed from the realm of jurisprudential inference so that jurisprudence can grow with expectations of anytime.

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