Graduate of Level Four (Advanced Level) of the Islamic Seminary, instructor of advanced levels at the Qom Seminary, and faculty member at Al-Mustafa International University.
Abstract
Custom (ʿurf) is one of the para-jurisprudential institutions that has a close connection with the jurisprudence of both major Islamic schools (al-fiqh al-farīqayn). In recent years, philosophers of jurisprudence within the Imami legal tradition have engaged in discussions regarding the place of this institution at various stages of the jurisprudential process. Among these, one may mention works such as An Introduction to Custom and Jurisprudence and Custom. Researchers in this field, in studies they have previously conducted, have to some extent clarified the nature of custom and the limitations of its application in Imami jurisprudence, but they have not paid sufficient attention to the serious discontinuity between absolute jurisprudence (al-fiqh al-muṭlaq) and ancillary jurisprudence (al-fiqh al-muḍāf). This has given rise to ambiguities in explaining the issue and in substantiating these views. On the other hand, the subjects of jurisprudential inquiry in art possess distinctive characteristics that further heighten the importance of customary perspectives in the jurisprudence of art. This writing aims to elucidate the place of custom as an institution in the process of the jurisprudence of art as a form of ancillary jurisprudence. To explain this place, it is necessary first to pay adequate attention to the discontinuity between absolute jurisprudence and ancillary jurisprudence. The hypothesis of this research is that in an ancillary jurisprudence such as the jurisprudence of art—where the jurist, unlike in absolute jurisprudence, must arrive at a theory rather than merely a ruling—expert custom plays a particular role in the identification of the subject and its issues. Likewise, the custom prevalent at the time of the issuance of the textual evidences also holds a special place in understanding derived subjects, and instances, due to the specific method employed in ancillary jurisprudence, sometimes become the jurist's very subject of inquiry. This writing, employing a library-based method and through an examination of jurisprudential sources, seeks to establish this hypothesis.
ashayeri monfared,M . (2016). Analysis of the Place of Custom in the Subject-Matter Identification and Instance Identification of the Jurisprudence of Art.. Theology of Art, 1395(4), 101-126.
MLA
ashayeri monfared,M . "Analysis of the Place of Custom in the Subject-Matter Identification and Instance Identification of the Jurisprudence of Art.", Theology of Art, 1395, 4, 2016, 101-126.
HARVARD
ashayeri monfared M. (2016). 'Analysis of the Place of Custom in the Subject-Matter Identification and Instance Identification of the Jurisprudence of Art.', Theology of Art, 1395(4), pp. 101-126.
CHICAGO
M ashayeri monfared, "Analysis of the Place of Custom in the Subject-Matter Identification and Instance Identification of the Jurisprudence of Art.," Theology of Art, 1395 4 (2016): 101-126,
VANCOUVER
ashayeri monfared M. Analysis of the Place of Custom in the Subject-Matter Identification and Instance Identification of the Jurisprudence of Art.. Theology of Art. 2016;1395(4):101-126 (In Persian).
Theology of Art