Lex Islamica Quarterly

Lex Islamica Quarterly

An Inquiry into the Meaning of “Condition” (Ishṭirāṭ or Mashrūṭ) in Conditions Contrary to the Qur’an and Sunnah in Imāmī Jurisprudence in Light of the Analysis and Evaluation of Muḥammad Mahdī Narāqī’s View

Document Type : Original Article

Author
PhD Candidate in Jurisprudence and Private Law, Department of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran
Abstract
One of the prerequisites for the validity of a condition in jurisprudence is that it must not contradict the Qur’an and the Sunnah. Regarding the meaning and intent of the term condition in the phrase “a condition contrary to the Qur’an and the Sunnah,” different opinions have been expressed. Some jurists have interpreted it in its figurative sense, namely the mashrūṭ (the conditioned matter or the object of commitment), while others have understood it in its literal sense, namely ishṭirāṭ (the act of stipulating or binding commitment). A third group holds that the term is used in both its literal and figurative meanings. Adopting any of these interpretations entails significant and differing consequences. Among these scholars, Muḥaqqiq Narāqī, as one of the distinguished and innovative jurists, has addressed this issue and articulated his view concerning conditions that contradict the Qur’an and the Sunnah, as well as the intended meaning of condition in this context. Examining, analyzing, and evaluating his discussion contributes to a better understanding of the concept of conditions contrary to the Qur’an and the Sunnah. This study, conducted using a descriptive-analytical method, first briefly discusses the literal and figurative meanings of condition and the jurists’ perspectives concerning the intended meaning of condition in conditions contrary to the Qur’an and the Sunnah. It then proceeds to a detailed examination, analysis, and evaluation of Muḥaqqiq Narāqī’s view on the meaning of condition in this context, and finally presents a conclusive opinion on the matter.
Keywords


Articles in Press, Accepted Manuscript
Available Online from 10 June 2024

  • Receive Date 21 February 2024
  • Accept Date 06 May 2024