DINBILIMLERI AKADEMIK ARASTIRMA DERGISI-JOURNAL OF ACADEMIC RESEARCH IN RELIGIOUS SCIENCES, vol.22, no.1, pp.577-604, 2022 (ESCI)
The interpreter could reach different judgments based on the evidence with a common subject, time, and direction while producing knowledge with fiqh methodology and contradiction. The interpreter adopts various methods are to solve this conflict. As one of these methods is predilection, it could preference one of the conflicting pieces of evidence. Because this evidence is superior to the other because of the discriminating feature -muraccih-is based on. In fiqh, most interpreters consider the muraccih a prerequisite for predilection. The concept is also employed in kalam and philosophy with similar meanings. Whether a reason/muraccih forced the perpetrator to conduct the activity is debated. This is reflected in the macim "interpretation without the muraccih is unacceptable" in those disciplines. The present study aimed to discuss the arguments on the maxim mentioned above generally and precisely the function that Sadr al-Sharia attributed to the concept of muraccih in the acts of both the perpetrator and the interpreter. Thus, in the introduction section, the issues associated with kalam-philosophy and fiqh disciplines are briefly explained. After the introduction section, firstly, the epistemological and ontological background of the concept. After this section, Sadrusharrias approach to the issue's ontological field is investigated due to its different perspective. Then it is explained how Sadrusharria used the concept in the production of fiqh knowledge. Since the theoretical part of the tools was prioritized, examples are provided when required to prevent the disruption of the flow.