The Status of Mulazeme Rule in Ijtihad from Shi’te and Hanfi’s Perspective

One of the crucial issues in the Islamic Jurisprudence, or perhaps, the most important one is the relation between Reason (‘aql) and Faith and the status of reason in inferencing Islamic verdict. Therefore, this study aims to illustrate the status of Mulazeme (correlation) rule (Whatever is ordered by reason, is also ordered by faith) in what is conceived by reason and religious verdict from the perspective of Imamieh and Hanafi. The present research, on the one hand, focuses on the Mulazeme rule in Imamieh; on the other hand, it examines the similarities and differences between the concept of Mulazeme in Imamieh and Hanafi throughout their literature. In terms of explaining the origin of Mulazeme rule, this research concerns the Good and Bad, because the base of the Good and Bad in Imamieh is theological perspective of rational Good and Bad which has its own proponents and opponents. As a result, a chapter is allocated to discuss the reasons of Mulazeme rule in Imamieh and viewpoints of its proponents and opponents. Furthermore, to explain the status of Mulazeme rule through other methods of inferencing such as the application of jurisprudential rules and other religious reasons, this dissertation scrutinizes rational jurisprudential rules such as La zarar, Yad, Zaman, Ezterar, Vezr, Dar’, Aham, Etlaf, Ikrah etc. It has also taken into account the fact that the practical reason lies both in miner and major propositions. So it verdicts to the goodness of justice and badness of oppression as well as the theoretical reason which is in major non-independence of rational proposition and it perceives the association between the practical reason and religious rule reaching the verdict of Mulazeme. Finally, regarding the last point, the last chapter of the present study puts Mulazeme rule into practice applying it in issues like religious trick on uses (Reba), selling weapons to infidels, selling the devastated goods in the case of entailment (Vaqf) and the representative of jurists in Hasbeh affairs to show how the verdict can be reached through the application of Mulazeme rule in some cases. Following library and descriptive-analytic research methodology, the study has gained theoretical bases proving that there is the same literature in both Hanafi and Imamieh Jurisprudence on the issue of reaching religious verdict, and also proving that reason by itself, can reach the verdict, and the reached-rational verdict has its own religious requirement because it is based on general profits and losses that are not against religion. It is also proven that Mulazeme rule has great efficiency on reaching religious verdicts.