نوع مقاله : مقاله پژوهشی
نویسنده
استادیار و عضو هیئت علمی پژوهشکده فقه و حقوق پژوهشگاه علوم و فرهنگ اسلامی، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
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.
کلیدواژهها [English]
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