Historical Development of Principle of Precaution From the Five Denominations Perspective

The case of precaution is one of the principles that is applied in two cases by jurisprudents of Islamic denominations. First, in the case of nonexistence of clear Text; and second, in the case of existence of clear Text but the conflict of evidence or lack of details in Text. Since principle of precaution and its scope among scholars have had ups and downs during history, some scholars prefer precaution to other principles (exculpation and observation of the customary law in absence of divine prescription), and some scholars consider precaution as preferable;and its scope and historical development is varied among denominations. In this dissertation, an attempt is made to study the different dimensions of principle of precaution and in its evolution and its instances in jurisprudence using principle and jurisprudentialTexts in particular. However, the present formulation of principle of precaution appeared and assimilated into Shiite jurisprudential principles at the age of Sheikh Ansari (may god have amercy on him); although, this principle is used among traditionalist scholars much more frequently than among jurisprudence scholars. Sunnite scholarsdo not accept precaution as a practicalprinciplein their jurisprudence and theology; and there is no section of precaution in their resources. However, they issue the fatwa of precaution in some cases. Therefore, the application of the principle of precaution among Sunnite jurisprudents is less frequent than Shiite scholars.