An Exploration of the Rule of Merging with a Comparative Look at Jurisprudential Instances

One of the changer titles of rulings ('anāwine Mobaddele Aḥkām) in shi'a jurisprudence is "merging". Merging means public destruction (Nābudi 'orfi) of the subject and belongings of rulings. One of the jurisprudential effects of merging is to remove hardship from the life of obliged (Mokallafin) through using this rule in the current urbicultures. Like the use of stupefier drugs in the pharmaceutical industry. Regarding merging and its regularity in Shia jurisprudence texts, no independent discussion has been found and therefore the writers have tried to prove the rule of merging like other widely used jurisprudence rules in an argumentative and convincing manner while examining examples of merging in shi'a jurisprudence and its documentation.
Therefore, this article seeks to solve this problem, what are the evidences and foundations of the merging rule with a comparative look at its jurisprudential examples? This article, with a descriptive-analytical method and using library sources has come to the conclusion that the investigations carried out on the documentation of this rule show that there are two types of reasons for this rule: the first reason is the rule "the names are the pivot of the rules" (Al-Ahkam Taduro Madaar Al-Asma) And the second reason is the narrations that prove this rule in a comparative way. According to the writers, both of the reasons are sound.








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Of course, the merging rule is applied to the rulings in which the subject is the title of the object not the object itself; Because the subject is not the same in all rulings, and those rulings that are burdened on the subject itself not it's title, its Shar'I ruling does not change

in contract (Sharṭe Ẕemne 'aqd) and compensation for lesion, have come to say that there is not a single system for financial compensation; However, considering that in recent years in the laws of Afghanistan, Imami jurisprudence has been used as the basis of legislation alongside Hanafi jurisprudence, in this article, the degree of conformity and differences between the laws of this country and the Shia jurisprudence has been expressed through a comparative study of the laws of the country.