Sheikh Al-Ansari’s premises in the investigations of the argument - the premises of pieces as an example - and their jurisprudential applications

Abstract

The methodology invented by Sheikh Al-Ansari, through which the methodological structure of fundamentalist research is completed, is his division of the cases that characterize the person obligated by analogy to the obligation directed to him into three cases, which are the case of abstaining from the obligation, suspecting it, and doubting it. Through this division, the legal evidence was classified on its basis into There are three types: definitive evidence, speculative evidence, and practical evidence, which is equivalent to the loss of both evidence.
The basis of this division of the legal evidence came as a result of the difference in the meaning of authenticity and the definition of its purpose. Authenticity sometimes comes in the sense of self-revelation, that is, self-revealing that is established by itself without the need to make something either negative or positive, and from it we get the definitive evidence; Because it contains a complete revelation of the ruling, and the evidence in this sense is not called an argument in logical terms, even if it is considered fundamental evidence; Because the argument or evidence, in logical terminology, is a means of proving the greater the lesser, while definiteness is nothing but knowledge itself. Unlike the speculative indications considered by Sharia, the meaning of conclusiveness in them is completely different from what is conclusive in conclusiveness. Thus, conclusiveness in the speculative indications is a reason for proving what is related to it. That is, whatever is a means of severing the severance by proving the greater the younger, its validity is derived from the consideration of the Lawgiver and his making it for her, and the mind is the ruling on the obligation of obeying the Lord if it is proven through speculative indications, and the established argument has the same effect resulting from the severing from the point of view of relief or excuse.