The Rule of Nafy Sabil (Denying the domination of unbelievers over believers) and the Problems of Law Abiding of Muslim Minorities in Non-Islamic Countries from Shiite Jurisprudence View

Muslim minorities living in non- Islamic countries confront with some Islamic rules such as the” Rule of Nafy Sabil” that is a Quranic Principle in following and observing the rules of the non-Islamic countries. According to this rule, the legal authority of the infidels is regarded as domination and then it is forbidden. The present article, based on an analytical approach, is to determine the dimensions of this issue and to divide Islamic laws into permits(mobaite) and obligations. Then the stability and changeability of the Islamic decrees are specified. Concerning the nature of non- Islamic countries’ rules, different situations that are arisen from the confliction of these laws with the legal regulations are studied; and most of the principles that are categorized as permits and have acceptable criteria are exempted from the rule of mustache refusal. Moreover, it permits following some laws that are among the obligations and are against the obligatory and forbidden Islamic rules just through considering rule constriction (negation of haraj) and conflict rule.