The position of ethics in jurisprudential issues: a case study of Khums traditions

Ethics, in addition to creating culture and creating identity for the society and the individual, provides the basis for the implementation of religious and legal duties, including acts of worship, transactions, rulings, civil and social laws. Since jurisprudence and moral issues are not discussed separately in the Qur'an, it is therefore necessary to search for the relationship between the two in the hadiths; Therefore, the main issue of this article is to pay attention to the ethical points raised in the traditions of Khums. The research method in this article is descriptive-analytical. The place of morality in the traditions related to Khums is discussed in two general areas. One is the position of moral propositions in the principle of Khums legislation, and the other is the position of moral propositions in the reason for the legislation of some Khums rulings. For example, the discussion of justice and fairness is one of the moral propositions that are the basis of the legalization of Khums jurisprudence in the field of forgiveness or the manner and time of Khums payment. Negligence is one of the moral propositions that was the basis of the legislation of some Khums rules. Respecting and preserving the dignity and status of leaders is also among the moral principles that have become the basis of Khums legislation. Regarding the reason for the legalization of some jurisprudential rules of Khums, moral propositions have been considered as Shariah. Forgiveness of Khums is one of the issues raised by Ahl al-Bayt (AS) in hadiths; In these hadiths, the reason for legislating such a ruling is the purity of the birth of the Shiites. Among the other reasons for the law of Khums is cleansing from sins and preventing avarice.