Alhassanain(p) Network for Heritage and Islamic Thought

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Islamic Concepts

Author: Al-Balagh Foundation

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Table of Contents

Forward 5

Introduction 6

Islamic Thought and Research Methods 10

How to Obtain Benefit From Inductive Evidence 16

Making Use of Analogy in Applications of Jurisprudence Principles 18

Some Prinicipal Supports in the Jursitic Deducing Method 19

Islamic Theory 22

An Applied Example 24

Terminology and its Influence on Islamic Thought 26

I. The Legal Truth (legal terminology): 28

II. The Linguistic Fact: 29

III. The Conventional Fact: 30

Factors of Retardation and Ideological Deviance in the Islamic World 35

The Problems in Contemporary Islamic Thought 40

Factors of Vigilance and Stimulation In The Islamic World 42

The prominent factors of this renaissance are as follows: 43

1. The attitude of well-known contemporary Muslim clerics and theological schools: 44

2. In general, all the imported regimes and laws have been doomed to failure, and were unable to tackle the problems of the Muslims: 45

3. The reforming of societies and religious schools: 46

4. Islamic Faculties and Movements: 47

5.The Islamic Revolution in Iran: 48

Endnotes 50

Forward

O! Gentle reader:

In the first part of the research on Islamic ideology, we have briefly talked about the meaning of `Islamic ideology' along with its resources and characteristics. In the followingdiscussion we are going to talk about several items of Islamic ideology to give an overview about it; as we have kept its structure within limits, before. Theabove mentioned items are as follows:

1. Islamic Thinking and Research Methods

2. Islamic Theory

3. Terminology and its Influence on Islamic Ideology

4. The Retardation Factors and Ideological Deviance in the Islamic World

5. The Problems of Contemporary Islamic Thought

6. The Factors of Wakefulness and Stimulation in the Islamic World

We hope that this research will take part in giving general, sound rules

for understanding Islamic ideology, as well as representing its own character and distinctive features to be a support for the cultural and ideological construction in Islamic society.

(With a success granted by Allah)

Al-Balagh Foundation

Introduction

If one casts an inductive look on the history of Islamic ideology with regard to its origin, growth and development, then, one will be able; through analyzing the structure of that thought and especially when probing into the background of its main elements and principal resources that deal with all its own aspects; such as, philosophy, principles of jurisprudence science, interpretation, juristic studies and so on, to diagnose the rising, graphic line which exists between other sciences and knowledge, and those which have been discussed by Islamic thinkers,knowers and researchers since the beginning of Islam.

In the early beginning, Islamic life, whichoccured at the moment when Gabriel - the attendant of Allah - had been revealed to the Gracious Prophet Mohammad (s.a.w .) by Allah's command, along with the commencement of Islamic vocation, cut through a sphere permeated with ignorance, illiteracy and lack of science.

At that time, Muslims had no longer obtained knowledge, sciences and thought, worth mentioning, except those found in the Holy Qur'an and the traditions (sunnah ) of the Prophet (s.a.w .); which, these two, actually form the endless, ideological fountain of Islam, and the base, as well as the principle which Islamic knowledge and thought have been deduced and,

furthermore , through a movement of thinking, persistence and innovation, besides; they are the basis of the stimulating and civilized enlightenment of all Muslims and human beings. The human race still owes its scientific development to Islam and its message.

Wecan, also, say that the beginnings of Islamic ideology played a major role in producing the field of interpretation science. During the era of Allah's Prophet (s.a.w .), Muslims had turned to the prophet for gaining an understanding of the Holy Qur'an and acquiring a knowledge about the contents of its verses. Of course, that prophetic grant is a part of the traditions and a base for those who contemplate.

In view of the fact that the movement of ideology and society has started developing due to the inspiration of the message, itself, the beginning of that movement was within the range of the Holy Qur'an which resulted in understanding and deducing its meanings, as well as, expressing its contents. So, on these grounds, the first signs of interpretation science and discrepancy in understanding and the purpose of the Holy Qur'an, as well as its descent causes, were established.After the demise of Allah's Prophet (s.a.w .) Muslims had, mostly, consulted with his prominent companions - who possessed a great deal of scientific knowledge - to understand the Qur'an.

Imam AliIbn Abi-Talib (upon whombe peace) was the first among them who had completely realized its significance. In fact, he was the leader of all interpreters and a real guide to those who wished to know; for he had been described by Allah's Prophet (s.a.w .) as such when he said, “I am the city of knowledge and Ali is its gate; so, he who intends to enter the city should come through its gate.” (1) At that time, also,were AbdullahIbn-Abbas , AbdullahIbn-Mas`oud ,Ubay Ibn-Ka`ab , AbdullahIbn Omar and others similar to them from the same prophet's generation of followers.

Everyone of the above mentioned individuals made every effort to take part in the interpretation of the Holy Qur'an according to his own view in understanding its contents and meanings, along with that first produce and its consequences. The life of the society had developed together with its political, economical, social and financial needs which dealt with the affairs of rule, finance, trade,judgement , inheritance, marriage, divorce and, so on. A great many cases, which hadarose , dealt with the affairs of worship, such as: cleanliness,uncleanliness , residence, travel, doubts when reciting prayer, etc.

Due to the above mentioned cases, Muslims, because of being in need of verdict and legal opinions, witnessed that the expansion of jurisprudence knowledge had spread in vast dimensions. Meanwhile, the first fruits of the deducing process had started developing in the hands of some of the Prophet's companions.

At this point in time, the initial beginnings of writing down jurisprudence (fiqh ) hadoccured ; as it was narrated that AbuRafi ` - a servant of Allah's Prophet (s.a.w .) - had written a first book oninheritance. Thus, the beginnings of the great diligence and ideological yield, in both fields, (i.e., jurisprudence and interpretation) had begun soon after the demise of the Holy Prophet (s.a.w .).However, the haste for understanding the Holy Qur'an and traditions of the Prophet - due to some people who had taken up such a significant task - was going to produce mistakes and lead to various imaginings about the affairs of belief and theology, as well as, those topics that might closely relate to such cases which dealt with: following the right way, going astray, compulsion and choice, fatalism, reward and punishment, etc.

The seeds of disagreementhad been sown , early, in matters of belief and verdict together with the interpretation to form bases and starting points for the ideological, jurisprudential, and interpretive schools. So, the horizons of jurisprudence,interpretation and matters of belief had become broader in scope. The doctrine of Solitary People (al-Mu`tazalah ) - i.e., a sect of theologians who disagree with Sunnis on some matters of belief - was coming to the forefront in the second half of the first century of the Hegira; along with the ideological line which had been undertaken by the Prophet's Household (Ahlul -Bait) and their followers.

Afterwards, the jurisprudential product, interpretation, traditions recording, the biographies, invasions, and the principles of jurisprudence were all going to be in an absolute, developed form.

It was when Muslims had been in touch with the thinking of the followers of the Book (Christians and Jews), along with the study of theological concepts, that the debate, which led to questions and answers, had stood the test. At the same time, the ideological movement started to employ a new method in confronting the suspicions and correcting wrong beliefs, as well as solidifying the stability of its roots. The debate about beliefs had appeared on the stage and developed tobe crystallized into the theology state. Then,compositon and classification had begun in the fields of jurisprudence,interpretation and jurisprudence principles which were the most developed and mature with regard to the technical state; to become more of an extension of their subjects and issues.

In the second century of the Hegira, when translation and recounting of the ancient nations and non-Islamic civilizations had already begun, such as; the translation of logic and philosophy from Greece, these thoughts found their way into Islamic society where Muslim scholars dealt with them in discussions, criticisms and evaluations. In addition, they made the well-known contemporary scholars and intellectuals establish the ideological bases; and helped them to compose the books and enrich the round table discussions with both Islamic knowledge and thinking.

So , the ideological revolt had started in its effective form between the end of the first century and the beginning of the second century of the Hegira. Thus, the structure of Islamic thought had begun to form by going through the birth,growth and final stages as follows:

1. Learning from Allah's Prophet (s.a.w .) that which had been announcedto mankind about the Holy Qur'an and his traditions.

2. Requesting explanation about unknown subjects that dealt with interpretation, belief and verdicts, and the like.

3. Sermons which had been delivered by some of the Prophet's (s.a.w .) followers soon after his death; and which reached their peak through the most famous sermons that have been made by Imam Ali (upon whom be peace) which are collected in a book entitled `Nahj-ul-Balagha ' or `Peaks of Eloquence' (and is considered one of the most unique and richest sources of Islamic knowledge and thought).

4. Round table discussions and debates, which had been held in the mosques by the Prophet's followers and companions, in addition to the twelve Imams (Ahlul -Bait) (a.s .).

5. The writing and composing of books.

6. The committed and sensible adopting of what had come from other nations.

7. Construction of universities and schools.

8. The establishing of sciences and imparting of knowledge.

Prophet Mohammad (s.a.w .) was among the first to supervise the teaching of Muslims science, reading and writing; and, therefore, he sent representatives, on his behalf, to teach people and invite them to Islam. For instance, the prophet had sentMus`ab Ibn `Umair to Medina before the Hegira and sent `Ma`ath Ibn Jabal toYeman to propagate Islam, as well as to impart knowledge and teach the sciences to the people.

It has been related that Prophet Mohammad (s.a.w .) had commanded every learned polytheist captive, of Mecca, who had been captured during the `Great Battle ofBadr ' to teach ten illiterate Muslims' sons, as a ransom for setting them free from prison. Of course, the Prophet behaved thus to liberate the minds from illiteracy, as well as, to make the hands free from the chains of prison.

Afterwards, Muslim scholars sacrificed a great deal of effort to establish scientific research approaches and to adjust their principles and rules, so, they planned the dictionaries and encyclopedias, and ordered and indexed references. Moreover, the behavioral andphychological studieshad also been established on the grounds of scientific and arranged principles. At the same time, they defined the research methods together with their theories and rules in the field of various subjects, as well as natural and life style studies.

That which we have in our hands of the wealth of lofty, scientific structure and strict, well-organized thought are as objective witnesses to the efforts made by the Islamic scholars and the power of Islamic thought over production, development, donation and genuineness, in addition to its being secure from any sort of sterility, deadlock or dependence.

It is correct to say that Muslims have enjoyed benefits from other nations' experiences in the fields of thought and culture, such as; philosophy, theology, and logic, as well as, sociology, psychology, ethics, history and, so on.But , they did not achieve that human quality as scientific axioms without further proof or argument. On the contrary, they had discussed and criticized it with correction and made additions, in order to expand it; to cover more distance to a point that went along with what they already possessed of thought and belief, together with Islamic understanding and genuine opinion. Thus, they held on to what existed of the original Islamic thought and strived for both developing and enriching it. Moreover, they had reproduced and discovered much within the range of this field.

Indeed, they became the leaders in paving the way of science, as well as, human knowledge,and, also, established the pillars of approaches research; in addition to scientific thought which is in accordance with believable methods and Islamic aspects.So ,the said organization and regulation that occurred to the structure of the ideological research methods and the coordination of their construction are necessary to Islamic thought.

Here, we can put on record the efforts; the magnificent works that were performed by the Islamic contemplators and intellectuals. Inaddtion to this, the tasks thatwere being undertaken by them are as follows:

1. Deducing,reproducing and establishing knowledge and sciences.

2. Defending Islamic thought against any superstitions to achieve the originality,purity and uprightness of it.

3. Criticizing the non-Islamic thoughts and discovering them by conducting an investigation to find out their mistakes and weaknesses.

4. Deriving benefit from human ideas that are in line with the principles and origins of Islam; contemplating on them after sifting through and revising material so as to make it easier for the Islamic mind to become involved and absorb it, as a whole, in order to be quite sure of removing any inaccuracy that may detour either the Islamic spirit or its direction in life. This Islamic mind must be on a great level of purity from all alien elements; thoseelements which may be found in any character and combine in coherence with Islamic thought and within a range of a single ideological structure.

Islamic Thought and Research Methods

The way in which a researcher schedules and performs his research work has its own direct influence on the outcome of the scientific product. Therefore, the researchshould be built on a solid ground of sound methods and suitable to the subject in question that the researcher probes into.So , the research will be more fruitful and positive, besides leading along the lines of correct and accurate results; with regard to the scientific side; moreover, it helps the discovery and formation of scientific rules and principles.

Elsewhere, the scientific research methods have been defined as follows: `The approach that is utilized by scientists to plan the scientific bases and draw a conclusion about the knowledge obtained in light of thoserules.' (2) The method of research has its own influence and plays a great role in the originality of thought, as well as, in the safety of contemplation, information,theories and deduced concepts. Therefore, if the method of research and thinking is not an Islamic one ordoes not, at least, go along with its tendency, the effects will be too wrong to unite with the Islamic spirit.

The research methods of science and knowledge are in two parts due to their nature:

1. All General Methods (logical ones):

These are general approaches, for scientific research, which deal with all science and human knowledge that are in common.

2. All Private Methods (technical ones):

They are special styles, for scientific research, which specialize in a certain science such as; history, physics, belief, philosophy, jurisprudence principles, etc. It is obvious that there are some basic principles in common use among all the sciences and human knowledge; that is to say, thewhole logical rules that the logic science deals with. Therefore, logic scienceis defined as follows: `A science for teaching all the other general rules; on the basis of sound thinking'.

It is of great importance, among all the various research, that the joint, scientific thinking methodology commence from the point where any case has seemingly concluded until it can be proved by absolute evidence, and to become a reason for agreeing with the causation principle and justification based on human thinking which follows, naturally, along the path of logical rules. When we use those principles, in a case, (i.e., the logic rule and sound thinking) for scientific research and in every science or any other field of thinking, it means that the researchesare being performed due to correct bases and provide fruitful results.

It, also, becomes apparent that every science or knowledge has its own, suitable research, whichmay be used by the scientists and researchers to deal with a certain subject.So , the research methods that touch on the material sciences, such as: medicine, physics and chemistry is quite different from the one concerning history, sociology, philosophy, belief, etc.

When we prepare to do research into Islamic thought; i.e., the creed, jurisprudence principles, interpretation, policy, economy, sociology, ethics, history and narration; we should first consider the specification of the scientific basis for the research methods to reach a strict, scientific conclusion and that it be sound with regard to the Islamic characteristic. In other words, we should establish, in our mind, that we are going to fulfill two criteria in performing research,theories and Islamic studies as follows:

1.With Scientism and Realism

2.With Islamic Originality and Commitment

After this introduction, we will become quite sure, that there are general, scientific principles that combine with all other research and study or scientific theory, whether they are material ones; like physics, medicine, astronomy and chemistry or human ones; such as, economy, ethics, philosophy, creed, sociology, jurisprudence, law, history, etc., in so much as all those sciences have worked, reciprocally, due to key axioms and principles. For instance, the agreement with the causality law and with non-contradiction, as well as, setting aside any case until itcan be proved correctly by evidence, etc. Therefore, all the sciences and knowledge would start from those axioms and bases; just like the physical research and belief in a supreme creator, as well as, the other historical, jurisprudential, geometrical, medical studies, etc.

The mentioned fact was approved by many scientists and researchers of natural sciences; as well as, those in the human and divine sciences . Let us put forward some of those views, thus:

As a fact, for the studied sciences, man has used the mechanism idea and itis identified as one of his instruments and means.So , when he talks, for example, about the mechanism of the body, he is going to perform his research on the basis of the causality principle (i.e., a cause and effect principle) that deals with the unity of the universe along with its own order and regulation.

He is as any other human being in undertaking a certain decision or even thinking about matters on the grounds of a causality principle.(3) It leads to no astonishment, if you see that the causality law - which is considered a main principle for understanding the material universe phenomena; and is, also, the only law that has a lead control over the plants and animals, as well as, the human mind - is the same law that leads us to realize the values of the natural, moral law which are built upon justice, mercy, rights, responsibilities and beauty, as it is, itself, the law that leads us to the realization of Allah's existence.(4)

It is appropriate, here, to draw your attention to the deduction method that is used in mathematics, thus: Usually, when dealing with geometry, we can reproduce abundant theories with regard to only a few fundamental truths or those proved suppositions that we agree with, without objection or debate, whatsoever, as to the degree of their correctness.So , at first, the scientists would accept the axioms in line with pursuing their requirements and the results that were caused by them.

For instance, when we approve a certain theory we find that its proof, whichgoes without saying , finally depends on the axioms or concerns involved. Thus, with regard to Allah's (Exalted be His Name) existence, it is something axiomatic in respect to the philosophical view. Therefore, the deduction, by the help of a few theories, regarding Allah's existence - as in a geometric proving - does not lead to proving the axioms,

but how to start them.So, if there was an agreement between this axiom and those various facts, which we deal with about the cosmos and its law, there would be an evidence on the trueness of the axiom we have chosen...(5) This fact follows thus: The logical principles - which all scientific deductions are based on being taken from either observation or experience - are the same ones that the deduction about proving the existence of the Creator and Administrator has relied on throughout the whole management and wisdom phenomena, that this world is designated with.

Therefore, this deduction is from other scientific ones - i.e., it is inductive in nature - and it is as an application to the general method that is preliminary to the inductive evidence known by us.

So , man is on either one of two sides: He is either refusing the scientific deduction as a whole or agreeing with it by way of giving inductive deduction the same level of value regarding proving the existence of the Maker; the same being given to the scientific deduction. Thus, we have proved that both science and faith are connected at their logical and inductive base and cannot be - due to the logical view of induction - separated.( 6)

Here, we can understand that Islamic thought and research methods, in all respects, have shared in all material and natural sciences, as well as, with the general principles, and have been dependent upon them. So, if the Islamic researcher, who intends to study the Islamic creed or discover any theory, for example, in ethics, economy, art, sociology, policy,behaviour , psychology, etc., should act in accordance with the following:

1. The general principles of logical research methods.

2. The private principles of that scienceand, also, knowledge, such as; interpretation, narration and belief. By coordinating the general and private principles, the Islamic researcher will be able to provide himself with a sound method of scientific and investigative research, as well as, being able to plan the Islamic theory and thought on the basis of correct and scientific principles.

The methodology of research and Islamic thoughtare based on two main topics:

1. The approved mental axioms

2. The true Islamic wholeness and principles, such as; theQur'anic verses or the correct traditions of the Prophet (s.a.w .), etc. The Islamic thinker and the researcher who delves into human knowledge and sciences on the grounds of Islamic principles would deal with the following themes and aspects:

1. The study of the human and social reality coupled with the individual's needs in his personal and social life.

2. Religion (i.e., the Holy Qur'an, the Prophet's traditions and aspects thatare elicited from them). The researcher should depend, in his studies,research and theories, on the Islamic view that is mentioned in the Holy Qur'an and the Prophet's traditions which clearly define the scientific fact of human life and its regulation.

When we think, deeply, about these facts and the way they are studied, we shall see that religion is a set of laws, thoughts, values and concepts that organize the direction of thought, self and society, as well as,behaviour .

All Islamic thought,theories and studies, which touch on the social and human reality, work within the limits of the circle of Islamic religion and are due to the principles and contemplated decisions which are determined by this supreme, great religion.

The Islamic scholars have designed the scientific methods, as well as, the ways of research and thinking that lead to Islamic conclusions and committed thoughts.Also , the scholars have used both methods of induction and analogy as instruments for analyzing and deducing ideas and results on an accurate and widespread basis. It is worth mentioning that these two methods (induction and analogy) are in common use on all levels of human material knowledge and sciences. Hereinafter, we would mention some applied examples on the usage of the two (induction and analogy) methods, by the Islamic researcher, to obtain some Islamic concepts as follows:

1. Induction that relieson the basis of physical observation and experience.

2. Discovering the carefully considered and scientific conclusion (general law of discovery).

3. After the process of the general law of discoveryhas been performed ; the stage of employing the analogy method (i.e., the way of applying the general law due to similar, partial states) will take place next.

So, the first step is the induction, as was mentioned before, whichis the base method for proving Allah's (glory be to Him) existence; who is the fundamental subject in Islamic thought and, of which, is as follows:

1. If we take under discussion the matter of proving Allah's existence, we can see that the proof depends on examining all the particulars of the universe and creatures via observation and experience, and the same induction leads to discovering a principal scientific conclusion called the `causality law', which is used to determine the link between causes and effects (i.e., raisond'etre ). So, by applying analogy (the analogy of the world, as a whole,

on the basis of its particulars) we will come to the fact of interpretation of the world's beginning due to that total law (i.e., the causality law), then, we can prove, in this case, that there is only an initial, original cause, in founding the world, that all the other causes have met with and we call this `Allah' (glory be to Him). 2.In addition, the two (analogy and induction) methods are used in belief and mental sciences, on the one hand, and on the other hand, they are employed in the economic sciences theories studies and psychology, as

well as, to find out the psychological and social knowledge and sciences so as to be able to analyze the societal history, human conduct and so on.

If we want to discover, for example, the laws of political economics and interpret the economic phenomena throughout thewhole Islamic society (the society that applies the Islamic system as a rule), we would study the relationship law between supply and demand, production and prices, as well as, wages and unemployment, etc.

It is quite useful, here, to study those economic phenomena existing in the Islamic society which apply the Islamic economy theories, for we find ourselves unable to discover the Islamic political economics formulas except under the true Islamic application, because they are as a result of the public situation of the society (i.e., the ethics and Islamic verdicts) which is living under the Islamic system. So , we should consider the movement of the market and factories along with the relationship between the workers and the employers, besides the state of the product,

prices and unemployment, etc., and, then, by our daily observation and experience we will be able to discover the law of analogy, so that later on, we will discover the laws that effect those matters. We, then, specify the formulas of the Islamic political economics through applying both scientific induction and analogy methods.

3. To study the Islamic society, for example, to plan a theory for Islamic sociology and search the society and social activities to detect, for instance, the civilized and social alteration; as well as, the development and degradation of the society and civilizations with the Islamic point of view. Therefore, the induction that is set upon the basis of observation and to study the individual, partial and social events is the real way that leads to discovering the sociology laws.So , in such a discovery attempt, we should study the social status that is widespread in the society and which lives under the Islamic applied social formulas.We should analyze the structure of that society, together with the elements of its composition and formation with regard to the phenomena, the life styles and the relationship that prevail in it, by observation of specific events and practices along with the social relation and phenomena depending on the inductive method which is based on the grounds of observation, experience, statistics, deduction, generalization and analogy. In this way, we can form the skeletal structure and rules of the theory of Islamic sociologyon the basis of Islamic views and concepts.

The Employment of Inductive Methods in Islamic Jurisprudence:

Scientific induction and analogy methods have a great deal of active participation in the deduction process. The induction is to pursue several partial states to detect a generalrule which is acceptable to be applied in such similar states.

This methodology is applied in all sciences and knowledge, for instance, in medicine, chemistry,physics and language.Also , it is applied in proving Allah's existence, as well as, in jurisprudence and its principles, and likewise, in the Islamic theories; such as, economy, sociology, etc. Our aim in researching belief is to show how the induction and the scientific analogy method has been employed in the jurisprudence, justice, deduction, and Islamic thought theories, as well as, to express its role in forming and building the Islamic theories that are deduced by the Muslim intellectuals and jurists.

Thus, the scientific, methodical task should start with induction. That is to say, the researcher and intellectual should obtain a general rule and law to pursue many states and particular facts, then, he will shift to the analogy stage soon after he has realized the general rule. Therefore, analogy means `the applying of the general rule to all its evidence'.

How to Obtain BenefitFrom Inductive Evidence

The well-known, great Islamic thinker, Martyr MohammadBaqir -al-Sadr had defined induction in his book “The Logical Principles of Induction”, thus: “It is a deducing of the general law by pursuing a great deal of the partial states, further.”

Martyr Al-Sadr has mentioned some applications of the induction method in the field of legal verdicts, quoting, in this regard, Al-Shaikh Yousef al-Bahrani - one of the late jurists (Allah may bless him) - who discovered a general juristic rule throughjustifiying many partial states that declared, “The person who is unaware of the legal verdict is in no way to be blamed by Allah (glory be to Him)”; i.e., “In all cases, the one who is unaware of the legal verdicts is in no way to blame for having carried out an action”.

Moreover, Al-Shaikh al-Bahrani has found some partial verdicts about pilgrimage (Hajj), fasting, marriage,wine-drinking and curtailing the obligatory prayer. The following exemptionshave been provided by legitimate evidence:

First: Due to the legitimate evidence that deals with the Hajj (pilgrimage) verdicts; the unaware one will be excused for having on a unallowable dress during his presence in Mecca (when one is in a state of ritual consecration).

Second: Due to the legitimateevidence that regards the verdicts on fasting, the person who is unaware of the verdict, that fasting while traveling is unallowable, will be excused and is in no way to blame if he has fasted while traveling.

Third: Due to thelegitimate evidence that deals with marriage verdicts: if a man is unaware that marrying a woman during her `iddat ' (a waiting period during which a widow or a divorcee may not remarry) is forbidden; he will be excused and there is no marriage taboo that he remarry her soon after her waiting period is over. Fourth: Due to the legitimate evidence that deals with prohibition ofwine-drinking , the unaware person will be excused for having drank it, if he was unaware that drinking wine is forbidden.

Fifth: Due to the legitimate evidence that deals with verdicts regarding prayer; the unaware person will be excused for having performed thefourraka'at compulsory prayer in place of praying the usual tworaka'at prayer, that is to be performed in place of the fourraka'at prayer, when traveling.So , his prayer will be accepted and it is not necessary for him to compensate for that prayer at another time.

Therefore, every condition, in the above mentioned, has an `evidence of factual lack' with regard to the general rule that says that the unaware person is legitimately in no way to blame in all cases.So , the gathering of all these indications in thejustist's mind will make the general rule more trusted by him, which declares this: `No penalty is inflicted on the unaware person'.

Consequently, the jurist has deduced a common rule, which is thus: `Every person unaware of the verdicts is in no way to blame'.( 7)

In this way, the martyr Al-Sadr has pursued the inductive evidence to elicit a contemplative rule in Islamic economy thatreads: `Working with natural wealth is a base for obtaining ownership'. This deduction has arisen due to many particular states that he has dealt with in Islamic jurisprudence, i.e.:

- Working on reviving the land resulted in ownership of it.

- Working in mining the earth for minerals resulted in ownership of it.

- Working on possessing the water resulted in ownership of it.

- Working on hunting birds resulted in ownership of them.

The induction of those states has instigated him to deduce a general rule in the Islamic economy which reads: `Working with natural wealth is the base for ownership'.( ) In this manner, the induction method has taken part in discovering some of the verdicts, laws, concepts, and other theories in various aspects of Islamic thought, such as; economy, psychology, ethics, policy, sociology, commerce, etc.

How to Obtain Benefit from Analogy Evidence in the Field of Jurisprudence

While discussing analogy and its employment, it is necessary to explain a serious matter in this regard, that is; the use of analogy as a foundation to be depended upon in juristic deduction.

The jurists who follow the doctrine of the family of the Prophet (s.a.w .), do not rely on the partial analogy that is followed by the Al-Hanafi sect (i.e., followers of Abu-Hanifa's doctrine), and other jurists of some Islamic doctrines, as that kind of analogy does not depend on the scientific analogy formula, for scientific analogy is defined, thus: An application of public rule with regard to itscredibilities . Itis also stipulated in juristic analogy that the cause of legislation should be laid down in advance and not deduced by the jurist himself.

An example follows on whatis mentioned in the Islamic law: The drunkenness caused by wine is the reason behind forbidding it. So, the analogy, due to this case, is based on thiscause which leads to the taboo ofevery thing which causes drunkenness.

Making Use of Analogy in Applications of Jurisprudence Principles

It is obvious that the first stage of inductive reasoning entails the application of the original principles on thefacts which they fall under. This is, of course, an analogyprocess which is founded on the scientific analogy rules; and are too considerable, in number, for the scholars to take time with.After thejusrist becomes quite sure that the prohibition gives the meaning of taboo and at the same time when the jurist or the Islamic political researcher faces any text which falls under the prohibition found in the Qur'an, such as; “And do not incline to those who are unjust, lest the fire touch you”( ), he would apply some of the factual rules as follows:

A. Appearance of the evidencerule , that is to say, the useful, common meaning; is a kind of obligatory evidence for both sides (the speaker and listener).

B. Appearance of the rule of prohibition formula that deals with taboo: i.e., the prohibition formula has the meaning of obligatory stoppage (unless there is a related

sign used for giving permission to something being prohibited; in that case, the prohibition assumes the meaning of abhorrence (it is better not to do an act).

Therefore, when the deductive equation is in order with regard to the analogy principles, thededucer and researcher would be able to obtain a legitimate verdict with a moral, political status.

So , the operation is functioning due to the said holy verse that warns us against being inclined to those who are unjust. Here, the prohibition gives the meaning of taboo, so,as a result of this, the `inclining to the unjust' is a sort of taboo, because it is something prohibited in the text of the said verse. In this way, applying the factual methods, with regard to its themes, is due to the scientific analogy method. So, some of the fundamental, great scholars, such as; Al-Na'ini , the book investigator, has determined the following: `The factual rule should be the greatest when dealt with in the analogy of deduction for the diligent task should naturally depend on that kind of analogy'.

The logical analogyhas been employed as a practical method in applying the jurisprudence principles, on the one hand, and as a deducing process of the Islamic thought and verdicts, on the other.