جستجوی مقالات مرتبط با کلیدواژه « آیت الله سیستانی » در نشریات گروه « فقه و حقوق »

The development of passageways, streets and communication networks are the framework of cities in general. They are one of the main factors shaping the structure of the city that play the role of its vital arteries. There is a clear relationship between the development of the city, the growth of its land price, the dynamics and economy of the city, and all the activities of the inhabitants of the city with the passageways network. The development of societies, the expansion of urbanization, and the emergence of many problems and restrictions in inefficient urban contexts, have created the need for policy-making, planning, and the implementation of public and development projects in the urban context. To solve this challenge, improvement and renovation plansconsider widening the passages as one of the appropriate solutions. Regarding the implementation of the principles and rules of these plans or not, there is a conflict between public rights and interests and private rights and interests of individuals. In this study, the reading of ‘LāḌarar’ maxim with the approach of the governmental jurisprudence of Imam Khomeini and Ayatollah Sistani is introduced as the appropriate criterion for solving this conflict.According to this theory, the maxim of ‘LāḌarar’ represents the authority and duty of the Islamic judge (ḥākim al-sharʻ) in denying harm (ḍarar) to the public.Accordingly, there is no doubt that the municipality has public power, but based on the theory of governmental jurisprudence, the municipality is appointed by the guardian-jurist (walī al-faqīh) as the arm of governing. In the course development process, the municipality does not have the right but the duty to widen the passageways. To resolve the conflict between private rights and public interests, the municipality is obliged to act in favour of public rights and interests wherever the denial of harm (ḍarar) to the public is proven, even if it is to the detriment of private rights and interests. The results of this view provide better and greater protection for the general rights of citizens and in cases of refusal and withdrawal, there is no need for a governmental decree, because the plan approved by the municipality, assuming it has legal conditions and the approval of the highest official of this institution, is the same as the governmental decree of the ruler.
Keywords: Widen the Passageways, Urban Management, Conflict of Rights and Interests, the ‘lā ḍarar’ Maxim, Governmental Decree, Governmental Jurisprudence, Ayatollahs Khomeini and Sistani.

In the credit reading of knowing the Shari'a sermons, we may consider the credits as literary or legal. In the first type, what exists is the offspring of the mind, which can change according to the societies and cultures that govern them. Legal validity, unlike the first type, does not only seek to influence the emotions of the audience, but also the origin of its identity in society and external realities. Legal validity, however, is rooted in literary validity, and in this legal discourse, the shari'a's rhetoric is like the rules laid down in the profession of rational legislation. Now the knowledge of principles can find a new formulation and division with the focus on legal validity and a logical and methodical course. According to this new division, there will be an opportunity to raise legal issues in jurisprudence and its interaction with other fields, contrary to the common structure, which seems incoherent and inattentive to the legality of rulings.

One of the ideas most popular through the book "Economics" by Shahid Sadr, which claimed to make the Shari'a more dynamic and flexible in dealing with new issues, is the "al-Faragh area" theory, which has been read by various Sometimes it is also incompatible. This theory has since attracted the attention of other jurists such as Ayatollah Shamsuddin and Ayatollah Sistani. One of the issues that is noteworthy about this theory is its connection with the purposes and purposes of the Shari'a, which so far has not (to the authors' knowledge) been independently researched. In this study, after explaining the issue of the al-Faragh region in a comparative manner between the three mentioned scholars, we will examine its relevance to the purposes and purposes of the Shari'a by recounting some of the lesser-known historical narratives and reports.