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Abstract

As an influential shi’a jurist, Ibn Abi’ Aqil created some works which after some centuries, were merely readable as “old” writings without presenting any lucid information concerning context of positions and discourse of writing time. That is why a clear shortage is seen in accurate understanding of his juristic thought a point which is true not only concerning recent centuries but regarding Hillis of Islamic middle ones. It is attempted in this research to present a ground for analysis of Ibn Abi Aqil’s remaining position as well as reconstruction of his fundamental thoughts through his preoccupation with the school of shi’a theologians of the first half of the fourth (hijri) century jurisprudence of school of theologians, including that of Ibn Abi’ Aqil, is very close to Mu’tazili earlier jurisprudence. Expansion of use of Quranic verses and belief in non-authority of khabar al-wahid is the characteristic of his dealing with narrative proofs. He is strongly against qiyas and the apparent mode of intellectuality in his jurisprudence is decreasing the scope of narrative sources, increasing the scope of rational principles, and, as a result, decreasing the scope of subjects judged by shariah

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