Jurisprudence and Its Principles

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Author: Ayatullah Murtadha Mutahhari
Translator: Mohammad Salman Tawhidi
Publisher: Tahrike Tarsile Qur'an
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Jurisprudence Principles Science

ISBN: 0-940368-28-5
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Translator's Introduction
Editor's Note
The Principles of Jurisprudence (usul al-fiqh)
Introduction
The Principles of Jurisprudence
The Sources of Jurisprudence
The Qur’an
The Sunnah
Consensus
Reason
A Brief History
The Subjects of the Principles
The Binding Testimony of the Qur’an's Apparent and Accepted Realities (zawahir)
The Apparent and Accepted Realities (zawahir) of the Sunnah
The Single Report (khabar al-wahid)
Unification and Preference
Issues Common to the Book and the Sunnah
The Discussion of Imperatives (awamir)
The Discussion of Negative Imperatives (naw ahi)
Discussion of Generalities and Particularities (aam wa khas)
Unconditional (mutlaq) and Conditional (muqayyad)
The Discussion of the Tacit (mafahim)
The Abstract (mujmal) and the Clear (mubayyan)
The Abrogator (nasekh) and the Abrogated (mansukh)
Consensus and Reasoning
Consensus
Acquired Consensus and Narrated Consensus
Reasoning
The 'Principles of Application'
Notes
Jurisprudence (fiqh)
Introduction
The Word Jurisprudence (fiqh) in the Qur’an and the Traditions
The word jurisprudence (fiqh) in the terminology of the 'ulema
Two Types of Law
Types of Obligation
Brief History of Jurisprudence and Jurisprudents
The Shi'ite Jurisprudents
Brief History of Jurisprudence and JurisPrudents (2)
Summary and Review
The Sections and Chapters of the Issues of Jurisprudence
Worship
Contracts ('oqud)
The Book of Buying and Selling (kitab ul-bay'i)
The Book “Rahn”
The Book of the Bankrupt (muflis)
The Book of Prohibition (hajr)
The Book of Liability (diman)
The Book of Peace (sulh)
The Book of Partnerships (sharikat)
The Book of the Partnership of Capital and Labor (mudarabah)
The Book of Agricultural Partnerships (mazaro'at and musaqat)
The Book of Trusts (wadiy'ah)
The Book of Lending (ariyah)
The Book of Hire (ijareh)
The Book of Representatives (wakalah)
The Book of Endowments and Charity (waqf and sadaqat)
The Book of Temporary Endowments (sukna and habs)
The Book of Giving (hebat)
The Book of Wagers (sabq and rimayah)
The Book of Wills (wasiyat)
The Book of Marriage (nikah)
Unilateral Instigations (iyqa'at)
The Book of Divorce (talaq)
The Book of Divorce Wholly or Partly Instigated by the Wife (khul'a and mabarat)
The Book of Illegal Divorce (zahar)
The Book of Vows of Abstention (Iyl'a)
The Book of Cursing (l'aan)
The Book of Freeing (itq)
The Book of Acquiring Freedom through Will, by Purchase and Through Relationship (Tadbir, mukatibeh and istilad)
The Book of Confessing (iqrar)
The Book of Reward (ja'alah)
The Book of Vows (ayman)
The Book of Taking an Oath (nathr)
Laws
The Book of Hunting and Slaughtering (sayd and thibh)
The Book of Eating and Drinking
The Book of Mis-Appropriation (ghasb)
The Book of Right of Preference (shaf'ih)
The Book of Enlivening the Dead (ihiya al'muwt)
The Book of Finds
The Book of Inheritance
The Book of Arbitration (qaza)
The Book of Testimony
The Book of Punishments (hudud and t'azirat)
The Book of Retaliation (qisas)
The Book of Financial Recompense (diyah)
Notes
Translator's Epilogue

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