Clarifying the Nature and Functions of Denying Heavy Burden of Sins (Vizr) Principle Based on the Practice of the Wise

This article aims to clarify the nature of denial of heavy burden of sins (naf-yi vizr) principle, which is inferred from some verses of the Qur’an. It seems that the ambiguity of different concepts of this principle has resulted in different viewpoints among scholars. Thus, some scholars have considered that the concepts of this principle are related to the Hereafter, and it is impossible to apply them in jurisprudential discussions. Another group argues that the principle expresses the rational decree and doesnt have any exception; therefore, they have disagreed with some chapters of the jurisprudence such as responsibility of the kinsmen of the offender (‘āqila). This analytical and critical research investigates the naf-yi vizr principle. The findings indicate that the nature of this principle negates vicarious liability. On the other hand, it shows that the principle’s acceptability coincides with the practice of the wise and is capable to exclude some cases. Finally, analyzing this principle provides a Qur’anic evidence for the very frequently-used principle of individual’s responsibility, and that we could assess Islamic jurisprudential perspective with regard to vicarious liability as an exception for the principle.