The Rational Evidence in the Jurisprudent Deduction Adopted by Al-Muhaqqiq Al-Hilli

Abstract

Due to the importance of the rational evidence in deducting legislative rules, especially the novelties, the investigation in the works of jurisprudents helps us a lot to optimally make use of such evidence. In this respect, the jurisprudent method adopted by Al-Muhaqqiq Al-Hilli should be investigated, since he has been the most influential jurisprudent in developing jurisprudent researches. Hence, we have decided to study the deductive and jurisprudent texts of Al-Muhaqqiq Al-Hilli.As a result of the present study, it has become evident that Al-Hilli has made use of the rational evidence in the necessity of imitating the Book (the Qur’an) and the honorable Sunna of the Prophet. Al-Hilli has approved the fact that reason is an independent legislative evidence governing either in obligation or sanctity. Reason may perform this by the assistance of Sharia (Islamic law). Al-Hilli has considered reason to be aware of the address of the Legislator, therefore, he has made use of this under the title” the designator of legislative information.” He has assigned the rational evidence the role of proving the cogency of all evidences like the uniquely reported tradition, and considered the accompaniment of what is contained in a previous revelation one of the rational evidences