Jurisprudential study of the condition of inability to dispose of the realization of compulsion based on the opinion of Sheikh Ansari

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

Relief of compulsion, that is, to escape and get rid of compulsion, has been mentioned by Sheikh Ansari as one of the conditions for compulsion. He claims the evidence implies that in the realization of compulsion, there is a difference between relief through toryeh (half truth) and relief through non-toryeh, and in relief with toryeh, compulsion is still achieved, despite the possibility of relief for the compelled person. This ijtihad of the Sheikh on the issue of conditionality of relief has led to the presentation of various views and sometimes objections by the jurists. By examining the conditionality of relief  in compulsion and explaining Sheikh Ansari's point of view and analyzing the viewpoints of the agreeing and disagreeing jurists in this regard, the authors have reached the conclusion that the  oppositions' views that the real satisfaction in the conditions of the contractors is a correct criticism on the words of the Sheikh, but it does not prevent the acceptance of the conditionality of relief in  compulsion, and the possibility of relief with toryeh, which the opponents have proposed, is nothing more than a claim. The criterion for the realization of compulsion in relief with non-toryeh is also different due to the lack of customary rules in this regard, considering the mental differences of individuals from one person to another.

Language:
Persian
Published:
Islamic Jurisprudence & Its Principles, Volume:53 Issue: 127, 2022
Pages:
69 to 87
https://magiran.com/p2389765  
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