مرزبندي حجيت عقل در انديشه اخباري و اصولي

The Extension of the Validity of Intellect and the Boundaries between the Law Theoreticians (Osuli) and Traditionists (Akhbari)

Intellect is considered as one the important sources in jurisprudence, but the Shiite scholars including the law theo-retitions (Osuli) and traditionists (Akhbari) disagree on its the boundaries and the aspects of its validity. This paper analyzes four important viewpoints on the aspects of the validity of intellect and then deals with the question "Why the traditionists, despite a very faint role played by intellect in jurisprudence (Fiqh) and legal theory (Osul), have always criticized the law theoreticians and have accused their Fiqh of being based on intellect?" To this end, two major features have been introduced as the main elements.