Document Type : Research Paper
Author
Mohaddeseh Moeinifar (Ph.D.) Email: Moeinifar@isr.ikiu.ac.ir Theology and Islamic thought (Islamic jurisprudence and fundamentals of Islamic law) Faculty of Islamic Sciences and Researches Imam Khomeini International University
10.22034/mtmi.2024.474773.1791
Abstract
However, what is in the mind is that Waraʿ (righteousness) in certain matters such as prayer, judgment, testimony, etc., is a criterion for distinguishing between two jurists, imams, judges, etc.; But the purpose of this research is a deeper and more detailed investigation of this issue espicially the position of Waraʿ (righteousness) in the Five Schools of Islamic Law.
Waraʿ (righteousness) in the term of Shari'ah has a minimal meaning and is close to Taqwa (Piety). In contrast, Waraʿ (righteousness) is orders of magnitude higher than Taqwa (Piety), and this is why the traditions of Waraʿ (righteousness) have been accepted as Mustahab or Desirable Acts in usul al-fiqh. Waraʿ (righteousness) is used in the chapters of ijtihad and taqlid, prayer, judgment, and Taharat in Shia books and the chapters of taqlid, prayer, judgment, endowment, zakat, and deposit in Sunni books. There are more debates in the chapter on ijtihad and taqlid in Shia jurisprudence and Sunni jurisprudence, the concentration of debates about prayer and the attributes of Imam Jamaat is more. According to the arguments of Muslim scholars, it should be acknowledged that there is no need to limit the attribute of Waraʿ (righteousness) to the people mentioned above, rather, with the wide range of hadiths, the description of Waraʿ (righteousness) can be considered for everyone in every chapter. In addition, according to the arguments of the proponents of the priority of Waraʿ (righteousness), it should be recognized where it is possible to extend the criterion of Waraʿ (righteousness) from one chapter to another with the Qīyās al-awlawiyya (Shia) or Qīyās (Ahl al-Sunna), so at least in the chapters where the authority of the individual is considered, the criterion of Waraʿ (righteousness) must be taken into consideration.
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