Volume 31, Issue 2 (2024)
AIJH 2024, 31(2): 101-124 |
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Omidi J, Adak S. A Comparative Analytical Study of the Rule: "Foundation Precedes Emphasis". AIJH 2024; 31 (2) :101-124
URL: http://aijh.modares.ac.ir/article-31-68626-en.html
URL: http://aijh.modares.ac.ir/article-31-68626-en.html
1- Tehran University
2- Tehran University ,sajedadak74@gmail.com
2- Tehran University ,
Abstract: (486 Views)
Among the rules that jurisprudential scholars, jurisprudence, jurists, and scholars of rhetoric have investigated are their lexical roots and customary meanings and cited their opinions in this regard as a reason or preference. Rule: "Foundation Precedes Emphasis" is the one that in the interpretation prefers the new meaning to the repetition and emphasis on the old meaning in explaining the words, and considers the new effect and independent benefit of words better than emphasizing the previous meaning. The current research is descriptive and analytical in order to express the importance, position, capacity and how to use the aforementioned rule in different sciences and examples its comparative use has been shown in the interpretation of the Qur'an, principles of jurisprudence, law and vocabulary. In other words, the necessity of paying attention to the principles of jurisprudence stems from the fact that they are basic principles, a mechanism that helps in achieving the outcome of the work of the mujtahid and his aim in ijtihad what he strives for. The study leads to results, including this rule which is one of the branches of “the implementation of speech takes precedence over its neglect,” and that it aims to preserve speech from being abolished. It does not deal with the cases, in which, it is necessary to confirm or establish because of evidence where there is no justification for opposition or recommendation.
Article Type: Original Research |
Subject:
Arts and Humanities (General)
Received: 2023/04/19 | Accepted: 2024/12/12 | Published: 2024/12/12
Received: 2023/04/19 | Accepted: 2024/12/12 | Published: 2024/12/12
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