نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی دانشگاه علوم اسلامی رضوی-مشهد مقدس
2 دانشکده فقه و حقوق، دانشگاه علوم اسلامی رضوی، مشهد، ایران.
3 طلبه سطح ۴ حوزه علمیه خراسان. مشهد. ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Travel, as a widespread phenomenon, is subject to important rulings in Islamic jurisprudence, particularly in acts of worship such as prayer (ṣalāh) and fasting (ṣawm). One of the most challenging issues in this field is determining the “Sharʿi travel distance” as a condition for the obligation to shorten prayer (qaṣr) and break the fast. This article, entitled “A Jurisprudential Analysis of the Variability of the Ruling on the Sharʿi Travel Distance Based on Texts of Narrations,” examines whether the criterion established in the narratives constitutes a fixed ruling or whether it can change in response to developments in means of transportation. Using an analytical approach and focusing on narrative texts, this study examines various groups of narrations that define the Sharʿi travel distance according to criteria such as “eight parasangs (farāsikh),” “two barīds,” and “a one-day journey” (bayāḍ al-yawm). The main finding of the study is that spatial criteria (eight parasangs and their equivalents) do not possess independent substantive significance; rather, they served merely as means and instances of the primary criterion, namely “travel time” (a one-day journey), in the era when the narrations were issued. This claim is supported by several pieces of evidence, including causal narrations (li-anna thamāniyata farāsikh masīrat yawm, “because eight parasangs constitute a one-day journey”), the emphasis on customary travel speed (sayr al-qiṭār), and differences in the ruling for a fixed distance based on the time required to traverse it. The conclusion is that, by giving primacy to the criterion of “time” and treating “distance” as a means rather than an end in itself, the ruling concerning the Sharʿi travel distance acquires a variable character. Accordingly, in every age, the instance of a “one-day journey” should be reassessed in light of the customary means of transportation and prevailing customary understanding. This approach demonstrates the dynamism of Shiʿi jurisprudence and its compatibility with the changing realities of human life.
کلیدواژه‌ها [English]
)