Journal of Jurisprudence Faculty

The science of Usul al-Fiqh (Principles of Islamic Jurisprudence) is the fundamental pillar upon which ijtihad (independent reasoning) and istinbat (deduction) in Islamic jurisprudence depend، particularly the issue of "absoluteness and generality." Sayyid al-Khoei adopted the theory of "Usuli Usul al-Fiqh" as a fundamental tool for understanding religious texts and deriving rulings from them، relying on a precise philosophical perspective in analyzing speech and intent. The importance of this topic lies not only in its abstract theoretical nature but also in its clear impact across various areas of jurisprudence. This makes studying this theory and its applications an entry point for understanding Sayyid al-Khoei's methodology of deduction and his distinctive jurisprudential approach.
This research will provide an introduction to the status of Usul al-Fiqh and its role in deriving religious rulings، focusing on the theory of legal arguments and evidence within this science. It will highlight the centrality of "absoluteness" as one of the most important Usul al-Fiqh tools relied upon by the mujtahid (qualified jurist) in understanding religious texts (the Quran and Sunnah) and deriving rulings from them. It will also define the status of Sayyid al-Khoei (may God sanctify his soul) as one of the most prominent figures of the Shi'a Usul al-Fiqh school in the modern era، who left behind a distinctive Usul al-Fiqh methodology that continues to be studied and taught.

The theory of the inversion of ratio is one of the fundamental theories that scholars of jurisprudence have addressed in various topic, s including the study of contradiction. They have relied on it as one of the methods adopted by Islamic law since it is one of the rational methods and approaches used by scholars in their discussions to explain its rulings. It aligns with the methods used by rational people to convey their obligations and rulings. The theory of the inversion of ratio refers to the order of resolution based on the relationship between conflicting pieces of evidence.

By order of resolution، we mean that if we have three or more conflicting pieces of evidence, assuming two are general and one is specific, and the relationship between the two general pieces of evidence is one of partial overlap، and the first general is qualified by the specific one, then after the first general is qualified, its relationship with respect to the second general is transformed into absolute generality. Consequently، the second general is qualified by the qualified general, and the order of resolution is established so that we act according to the qualified general. This study comprises two sections and a set of points divided into the study\'s main parts.