Document Type : علمی- ترویجی
Author
M.A Student of jurisprudence and the foundations of the law of the nonprofit Quran and Hadith of Rey, Qom, Iran;
Abstract
Tasvib (Approval) and Takhtaeh (Disapproval) are parts of the foundations of ijtihad. From Shiite’s point of view, there is a possibility for Takhtaeh because judicial orders by a judge might not be the same as religious orders. From Tasvib’s point of view, there is no order which covers all subjects, and that is why orders have been assigned to judges. Whatever a judge says is his decision, and that is why judges are always Mosib (true decision makers). There is a close relation between Tasvib Theory and the subject of Different Interpretations. Those who believe in Theory of Interpretations, like those of Tasvib, hold that all the different interpretations of a given text are correct, and there is no possibility for disapproval. The reference of Theory of Tasvib and that of Different Interpretations is Theory of Relativity., and Different Interpretations Theory has been influenced by philosophical hermeneutics. This paper tries to disapprove Theory of Tasvib, and approve that of Takhtaeh through verses and hadiths. To this end, the following questions should be addressed: 1. what are the reasons of those accepting Theory of Tasvib? 2. What is the reason of Shiite in rejecting Tasvib and accepting Takhtaeh? 3. Is the point of view of Sunni regarding Tasvib the same as Different Interpretations?.
Keywords
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