This article examines the authority of shohrateh fatwaei (popularity of jurist opinion among islamic scholars) for proving the divine law on particular subjects. By shohrateh fatwaei, we mean the agreement of the majority of scholars and jurists on a subject while there is not any authoritative evidence available.
Several arguments have been stated to prove the authority of
shohrateh fatwaei. Nevertheless, the majority of scholars hold that it does not suffice to prove the divine law, therefore it should not be treated as a juristic source.
This article tries to bring into consideration sirat al-uqala, which is stated as one of the sources to support the authority of shohrateh fatwaie.
In most of the Legal systems, in the absence of statutes or their ambiguities, the legal doctrines are used as alternative reference. If this is accepted as wise, then, it can be generalized to Islamic law to prove the authority of shohrateh fatwaei, towards which there has not been any rejection by sharioh.