فَلسفةُ الحُكم المُستحبِّ في الفقه الإماميّ ـ دِراسةٌ تحليليّة ـ

The Philosophy of the Recommended Ruling in Imami Jurisprudence An Analytical Study

Abstract:
During this study, the researcher analyzed the recommended
ruling through a careful reading of the philosophy of its legislation
by referring to the reliable and definitive sources such as the Qur’an,
Sunnah, and reason. He found out the extent to which this
philosophy is compatible with the diversity of those obligated to
perform the duty, from the most worshipful to the least. The
researcher also studied the recommended ruling from the
jurisprudential aspect and revealed the general recommended rulings
as well as its divisions, down to the reality of the request in the
recommended ruling and its distinction from the obligatory. The
study also concluded with the most important characteristics of the
recommended in the fundamentalist research, accompanied by
applied models.
As for the reason for choosing the topic, in reality it is the
feeling that the circle of interest in the recommended ruling at the
level of theory in Imami jurisprudence has diminished greatly, and in
fact it is little in its origin except for some research that took up a
large space in the research such as the research on the principle of
tolerance in the evidence of the Sunnah, otherwise many of these
recommended researches did not find the same attention, The
research relied on the analytical foundational approach in the first
degree, through tracking the evidence and trying to reconcile
evidence from the reliable sources, as well as reviewing the words of
the scholars and extrapolating them and analyzing their contents.
The research was not without other approaches such as the
descriptive, comparative, and historical to a lesser degree.
The research was not without other approaches such as the
descriptive, comparative, and historical to a lesser degree.
The research answered these questions that formed the spirit of
the study and its main problem:
The Qur’an, Sunnah, and reason together stipulated a set of
philosophy of the recommended ruling that forms the legislative
structure and general criteria for this obligatory ruling.
The jurisprudential and fundamentalist research on the
recommended ruling has many characteristics that distinguish it from
other rulings, especially the obligatory ruling, and it is not a marginal
ruling because it shares with it the request.
The jurisprudential and fundamentalist research on the
recommended ruling seemed to be consistent with the philosophy of
the ruling discovered for this ruling, and this appeared clearly in the
results produced by these researches