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Usul Fiqh in Ja'fari school


Ja'fari principles (Persian: علم اصول در مکتب جعفری‎‎) refers to regulations, history and eminent persons and scholars during the development of shia's Principles of Islamic jurisprudence.

Considering different stances in relation to Juridical rules and principles, there are some parties in the schools of Principles. These schools try to apply analytical approaches in their methodology. There are somebodies such as Zorarah Ibn Aayon, Muhammad Ibn Moslem, Abu Basir and also Hisham Ibn Salem.Among these individuals, Hisham Ibn Salem and His Pupils had eminent roles in development of principles among shia. In this period two problems are so important such as difference of hadith in one hand and the distinctions of Ijtihad or authority in other hand.There are two early scholars in principles of jurisprudence who were eminent including Hisham ibn Hakam and Yunes Ibn Abd Al Rahman.some scholars know Hisham ibn hakam and hisham ibn salem among the outstanding pupils of Imam Sadiq and Imam Kazim. they wrote important books in the field of principles of jurisprudence such as "Kitab Al Akhbar" and " Kayfa Taseh" or "How it is correct?"

It seems that the dominant current was the Adherents of Hadith during the fourth century of Lunar hijrah. They didn't any need to knowledge of principles and put it away.In other hand the relatives of Nobakhti begun a new movement in the sphere of theology and kalam among shia and Imamiyyah.Abu Sahl Nobakhti, the popular theologian of Shia schools, could presented a new and complete theological system along with Shia characters.In Fact Abu Sahl Nobakhti concerned with the principles through the theological works such a way that He referred to some questions in the field of the principles.According to Madlung this approach of Abu Sahl Nobakhti and his theological system was along with defending of Imami creeds and theological beliefs.Maybe the most important Abu Sahl's essay in the principles is the essay of "Naqz Al Shafe'ei or the refusing the shafe'ei which is written against Shafe'ei and also counted as the first completed work in the principles among imamiyyah.besided he written some books on the subjects of refusing Qyias in jurisprudence and ijtihad Al R'ay.Of course there is no track from these works and they are lost.During the fourth century of Hijrah, already one trend is very dominant which is indeed on the basis of refusing of Qiyas and R'ay in jurisprudence. Also there were many books concerned with these subjects among imami Theologians. for example Hasan ibn Mousa Nobakhti wrote a book by the name of "A book on the khabar Vahed and Amal".according to this works there is no appication for Qiyas and R'ay.Among The first Mutakalim Jurist in fourth century is Ibn Abi Aqil Ammani as some one who possessed a school which his method was similar to Twelve Imams of Shia and somehow like the Mutazilite schools of thought.


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