جستجوی مقالات مرتبط با کلیدواژه "اغرای به جهل" در نشریات گروه "فقه و حقوق"

Deceiving the Uninformed Person (Taqrir Jahil) is forbidden, either with the concealment of the truth or expressing something against it - if specific conditions exist and this is one of the famous jurisprudential principles that has been mentioned and cited in various cases and even in the novel issues of jurisprudence. However, But all its aspects have not been elaborated in a centralized independent work. This paper, for the first time, through descriptive-analytical research methodologies and library documents, examines and clarifies the contents, argument of the jurisprudence (Qur'anic verses, narrations, reason, jurisprudential rules and the application of some arguments) and the scope of this principle so that the jurists' attention can be taken seriously in jurisprudential inference. Some jurisprudential principles, such as principle of Tasbib (wasting) as forbidden, the necessity of uninformed person in giving, the necessity of guidance of the uninformed person, the denial of Gharar (uncertainty), the concealment of the truth and the relying on sin, can be evidence or proof for the validity of this jurisprudential principle. This is a propositional rule that includes the general jurisprudential ruling and covers all or most of the jurisprudential topics and is applicable to minor cases. Therefore, in some cases, not taking exception will not disrupt its accuracy or even its generality since all the principles including jurisprudential and non- jurisprudential take exceptions in some cases.

Third testimony in Azan and Iqamah due to its doctrinal and social aspects is of huge importance. This paper presents the historical background of the jurists' viewpoint on the third testimony in Azan and Iqamah and its evolution. Thereafter, by stating the reasons for the jurists' disagreement, the sloganistic aspect of the third testimony is emphasized. The third testimony is not a religious slogan rather it is conventional. The ruling of the conventional slogans varies depending on the religious titles they are subordinated to, contrary to the religious slogans that always lay under the binding principle of the veneration of the sacraments or under the prohibition of humiliating them. In addition to the recommendatory title of "confession to the guardianship", the prohibitory titles of legislation (Tashrī) and "leading into Ignorance", and the compulsory title of "Guiding the Ignorant" can also be considered regarding the third testimony. The achievement of this research is that confession to the guardianship is recommendable in every situation, especially following the testimony of the apostolate. The third testimony should be expressed in such a way that it does not imply that the third testimony is part of Azan or Iqamah.