جستجوی مقالات مرتبط با کلیدواژه "اذن شرعی" در نشریات گروه "فقه و حقوق"

One of the jurisprudential rules that has less been dealt with is the rule of "Al-Idn al- Shar'ei La Yunafi Al-Diman" which is effective in different chapters of Islamic jurisprudence and is considered as one of the Istiadi rules (rules that have been derived from religious rulings and principles). According to this rule, religious permission by itself not only does not prove the lack of guarantee, but also does not agree with the principle of proof of guarantee. However, it can provide the context for the introduction of arguments proving the guarantee and supporting it in proving this status ruling. This paper seeks to prove this rule; unlike those who practically or officially accepted the opposite rule, which is that the permission against guarantee. Verbal arguments, both Qur'anic and narrative, and non-verbal arguments, both rational and lifestyle, prove the rule. In addition to that, jurisprudential criteria have been enumerated according to which it is possible to distinguish the permissions against the guarantee from the permissions in favor of the guarantee in property, life, and actions. In carrying out the rule, there is a difference in the doubt of permitted guarantee. This rule is used to solve some novel problems.

Imami Jurists, due to the importance of prudential concealment (Taqīyah) in the Shiʻi thought system and to great emphasis of Islamic Shariʻa on this subject, have regarded in explaining its effects as greatly significant, taken to its legal (fiqhi) inference and presented view in the context of situational (Waḍʻī) and obligational (Taklīfī) rulings in prudential concealment Behavior. Various issues and views have been come up in the fiqhi works concerning situational ruling (Ḥukm Waḍʻī) of worships and prudential concealment transactions. But general foundations of Ijtihadi views have not been independently explained. For this reason, while critically rethinking the opinions, this article analyzes the principles and documents of situational ruling of prudential concealment behavior and re-examines the effects of those principles in the field of worships and transactions. In this study, which is written in a descriptive-analytical method, the general legal proofs in permission to obey prudential concealment (Taqīyyah traditions), Hadith Rafʻ, Meysūr principle and discovering the edict by prudential concealment obeying through connecting the worships edicts to prudential concealment ethics is accepted as the basics of judging the validity in obeying the prudential concealment. Based on mentioned basics, situational ruling of validity and its effects in worships and transactions performs in the condition of prudential concealment provided that urgency and conformity of the title would be customarily true about the remaining amount of action. The effect of validity of devotional-prudential concealment behaviors is that worship does not need to make it up or restore it and expected effects of unilateral obligations and contracts result in prudential concealment transactions.