Authors

• Reza Pasandideh ¹
• Sayyed Mohammad Hadi Ghabooli Dorafshan ²
• Mohammad Hasan Haeri ³

¹ Ph.D. Student in Islamic Jurisprudence and Principles of Islamic Law, Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran.

² Associate Professor, Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran.

³ Professor, Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran.

Abstract

This research conducts a comparative study of the position of "Qadr al-Mutayaqan" (the minimum certain extent) in the deduction of Sharia rulings from the perspectives of Sahib al-Jawahir (representative of the Usuli school) and Muhaddith al-Bahrani (representative of the Akhbari school). The main research question is how these two jurists utilize the principle of Qadr al-Mutayaqan in deriving legal rulings and what impact their methodological differences have on the resulting jurisprudential outcomes. The aim of the research is to perform a comparative analysis of the application of this principle in three specific jurisprudential issues (drinking water during the Witr prayer, the condition of sequence in menstruation, and the method of performing Tayammum) to elucidate the distinctions between the Usuli and Akhbari schools. The research method is descriptive-analytical, extracting and comparing the viewpoints of the two jurists through the examination of their primary texts.

The discussed topics include the definition of Qadr al-Mutayaqan, its applications in the principles of jurisprudence (Usul al-Fiqh), and a comparative analysis of the two jurists' opinions on the selected issues. Key findings of the research indicate that despite an apparent shared acceptance of the principle of Qadr al-Mutayaqan, fundamental differences are observed in its application: Sahib al-Jawahir, with a dynamic and systematic perspective, considers Qadr al-Mutayaqan as the starting point for deduction and explores the possibility of extending the ruling, whereas Muhaddith al-Bahrani, with a restrictive (waqfī) approach, considers it the absolute limit of ijtihad and adheres strictly to the apparent meanings of the texts.

Keywords

• Qadr al-Mutayaqan
• Sahib al-Jawahir
• Muhaddith al-Bahrani
• Comparative Jurisprudence
• Principles of Jurisprudence (Usul al-Fiqh)
• Akhbaris

Main Subjects

• Ibadah Figh