Despite the fact that the jurists consider themselves bound to follow the traditions of the Imams (A.S.), sometimes they do not follow the content of some sound and complete traditions, which is interpreted as “avoidance of the renowned from tradition”. Sometimes avoidance happens in field of sanad (chain of transmission) and sometimes in field of indication (dilālat). Most of the uṣūlīs believe that the avoidance of the renowned causes weakness of narration, but in contrast, some believe that avoidance of the renowned does not have any effect on weakness of narration. In this research, the status of avoidance of the renowned is studied in field of sanad as well as in field of indication, and also the evidences of both views for and against avoidance of the renowned have been examined and analyzed.
The findings of the research indicate that it is not correct to attribute the issue of avoidance to practical reputation; rather, it is more correct to say that this discussion is related to the reputation of a fatwa, and since a form of fatwa reputation can also be opposed to a tradition, the subject of avoidance is dedicated to this type of reputation. Also, prioritizing the narrator’s invalidation to his validation, exposition of not acting on a narration as avoidance, as well as departing from the title of being a reliable source, are considered the main arguments of those who support the weakness of tradition due to avoidance of the renowned.
Mousavi, S. M. (2023). A Research on the Issue of “Avoidance of the Renowned from Tradition”. Jurisprudence the Essentials of the Islamic Law, 55(2), 451-431. doi: 10.22059/jjfil.2023.346806.669410
MLA
Seyed mahdi Mousavi. "A Research on the Issue of “Avoidance of the Renowned from Tradition”", Jurisprudence the Essentials of the Islamic Law, 55, 2, 2023, 451-431. doi: 10.22059/jjfil.2023.346806.669410
HARVARD
Mousavi, S. M. (2023). 'A Research on the Issue of “Avoidance of the Renowned from Tradition”', Jurisprudence the Essentials of the Islamic Law, 55(2), pp. 451-431. doi: 10.22059/jjfil.2023.346806.669410
VANCOUVER
Mousavi, S. M. A Research on the Issue of “Avoidance of the Renowned from Tradition”. Jurisprudence the Essentials of the Islamic Law, 2023; 55(2): 451-431. doi: 10.22059/jjfil.2023.346806.669410