اعتبارسنجی و تحلیل مفهومی قاعدۀ »الممتنع شرعا کالممتنع عقال«. (Persian)

Validation and Conceptual Analysis of the Principle “Al-Mumtani‘ Shar‘an, Kal-Mumtani‘ ‘Aqlan” (What is Legally Impossible is Like What is Rationally Impossible). (English)

The jurisprudential rulings are important tools for resolving the status of those jurisprudential issues for which there is no specific evidence (text) from the Qur'an and Sunnah. As adduced by these rulings, the obligated individuals can discern their religious duty regarding those issues and similar matters. Shahid Thani is the first Shi'a jurist who employed the jurisprudential principle, "What is legally impossible is like what is rationally impossible." Since this principle lacks Qura'nic and Hadith origins, it is a jurisprudential principle derived through analogy. Despite various interpretations in jurisprudential sources and its numerous applications, jurists have paid less attention to its semantic, validation, and delineation aspects, and merely sufficed to mention it as among the lesserknown principles. In this paper, formulated through descriptive and analytical methods and based on Islamic theology, jurisprudence, and principles of Islamic jurisprudence, we aim to analyze the content and explain the conceptual distinction of this principle, as well as to review its applications in the jurisprudential sources of Islamic sects, and scrutinize its validity bases. This research demonstrates the reference of the principle, "What is legally impossible is like what is rationally impossible" to the theological principle, "Qubḥ-i Taklīf bi mā lā yuṭāq" (The indecency of a duty beyond the power). Its famous interpretation is based on the conformity of the rationally impossible and the legally impossible in the impossibility of the command being incumbent or the inability of the obligated to perform it, manifested in the issue of "The combination of command and prohibition." [ABSTRACT FROM AUTHOR]

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