Monday, October 26, 2020 فارسي|English
Home|Coming Programs|Persian Language|FAQ|Contact Us|Links|Sitemap
Milad Tower
Username :   
Password :   
Name :   
E-mail :   

The Status of the Practical Principles of Bara’ah and Istishab

Throughout the history of Islamic fiqh, the principle of bara’ah (freedom from obligation), as a rational principle, has been employed, to varying degrees, by a wide spectrum of schools, in the resolution of cases for which there have existed no textual evidence. In the 4th century AH, the appearance of various works on `ilm al-ususl prompted a wider discussion of the concept of bara’ah. Throughout this period the notion of bara’ah came to be increasingly linked with that of istishab in the works of usuli faqihs, so much so that in the coming century bara’ah was deemed as a particular instance of istishab. The turning point came with Ghazzali who considered the “proof of reason and istishab” as the fourth source of fiqhi reasoning. He also viewed bara’ah as the purest form of istishab. Unlike the principle of bara’ah, that of istishab, in its limited connotation, failed to attract the support of rationalist circles. In fact, in the 5th century AH, the theory became the subject of intense criticism by the usulis among the Mu`tazilites, Shafi`ites, Hanbalites and early Hanafites. Here, however, were also cases of limited reconsideration. For example, Abu Mansur Maturidi (d. 333 AH) set forth a theory – which found supporters among the Hanafite leaders in Samarqand – according to which istishab was deemed as obligatory in cases of absence of textual evidence. Another view held by the likes of Abu Zayd Dabusi considered the application of istishab as permissible as a means of rejection and not affirmation of a rule.

source: Pakatchi , Ahmad "Islam Entry" The Great Islamic Encyclopedia. Ed. Kazem Musavi Bojnourdi.Tehran: The Center of Great Islamic Encyclopaedia , 1989-, V.8 ,pp.451 - 452

Advance Search Web Search
The Office of Ayatullah Khamenei

President of Iran




Admission open

بنیاد اندیشہ اسلامی

The 33rd International Film Festival for Children and Youth(ICFF)-Rules & Regulations

Alzahra University at a Glance

Islamic Culture and Relations Organization

Visit Iran

iran today

Digital library

majma jahani

prayer time


persian admission form

Islami Bedari

introduction of cultural center


iranian film

ibrahim amini


quran khawani


Saadi Foundation

خبرگزاري قرآني ايران

islamic unity

معرفی خانه فرهنگ

irancultural and tourism


Visit Iran
Visitorsofpage: 313
Visitorsofday : 77
Visitorsofpage : 331391
Onlinevisitors : 1
PageLoad : 7.2031

Home|Coming Programs|Persian Language|FAQ|Contact Us|Links|Sitemap