The status and role of 'sharia tendency' in fertility fiqh

Modaber, M. H.
January 2014
Journal of Jahrom University of Medical Sciences;1/15/2014, Vol. 11, p44
Academic Journal
Introduction:Quadruplet arguments (Quran,Tradition, Consensus and intellect) are conventional, recognized ways to find God's legislative will and extract religious commandments. But faqihsat times coin neologisms like 'the ruler'stendency', 'shariatendency', ʽreligious tendency', or 'fiqh penchant', and, based on these terms, issue new hukms for problems not mentioned in the quadruplet arguments. Common uses of these terms date back to sahebjavaher, and currently runsin every corner of fertility fiqh. This paper attempts to seek ways to test the validity and consistency of these claims. Materials and Methods:In this study, data were collected by library studies. Direct reference to fiqh texts and the views expressed in them was used to discuss issues. Results:When a commandment is not stated or implied in either of the quadruplet arguments references, faqih should not consider it as ʽsomething lacking reference in originaltexts' and represent his opinion according to the primary principles; since the laws governing the topic may suggest some fact contradictory to the primary principles. Sahebjavaher views shariah penchant as something a gift bestowed by God. Conclusion:Obtaining 'sharia tendency' or the 'ruler'stendency' is themedian state which is far from the attempts to go to the extremes, and has soundlogical performance in fertility fiqh. It does neither deprive couplesofchildren nor confirm the current chaos in the new methodsof fertility.


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