Ṭūmār (9) Ijtihād-Based Retrieval of Hadith Evidences in Imāmī Jurisprudence (1) From Principles to Process Case Study: Al-Khilāf by Sheikh Ṭūsī – Issue 18 in Kitāb al-Ḥudūd
Document Type : pajoohesh
Author
10.22081/jap.2025.77134
Abstract
A key challenge facing modern hadith scholars engaged in contemporary hadith studies is the lack of explicit reference by Sheikh Ṭūsī to the content and substance of the hadith-based evidences underlying his rulings in Kitāb al-Ḥudūd of Al-Khilāf. Specifically, in Issue 18 of this work, it remains unclear which traditions he relied upon, as he merely employs the vague and generalized expression wa-akhbāruhum ("and their reports") without citing the sources of these hadiths. This issue is not unique to Issue 18 but is present in several other rulings throughout Al-Khilāf, creating a broader challenge for textual interpretation. Thus, it is imperative to adopt a scientific approach and establish a methodologically sound and justifiable framework for addressing this challenge. The primary objective of this research is to elucidate the principles and systematic process for retrieving, analyzing, and deducing the probable hadith-based evidences for this specific issue. The model developed here serves as a test case, offering a methodology that can be applied to similar issues within Al-Khilāf and other early Imāmī legal compendia.
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