نوع مقاله : مقاله پژوهشی
نویسنده
گروه فقه و مبانی حقوق اسلامی، دانشگاه حکیم سبزواری، سبزوار، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Compliance with rulings by the obligated party (mukallaf) is achieved according to the components and conditions that are valid within it, and results in the lapse of the obligation. All types of Sharia rulings, including the primary real ruling, secondary ruling, and apparent ruling, must be complied with. However, since there is disagreement regarding the establishment of a necessary connection between compliance with obligations according to an emergency or apparent command and its sufficiency from the primary real command, it is necessary to conduct a comprehensive investigation into it. This paper addresses the issue in a descriptive-analytical manner, along with gathering information in a library format. Considering the opinion of Shiite scholars of jurisprudence (usuli) who consider the error of a mujtahid (one who exercises independent reasoning) in deriving a Sharia ruling from its evidence to be possible, another classification is presented based on the opinions of later usuli scholars and answers these questions: If the obligated party performs the "commanded act" according to the emergency ruling, and then the emergency is lifted, does it suffice from the real ruling or not? If an error is discovered in the content of the apparent ruling obtained from evidence or principle, do the actions performed according to that ruling suffice and there is no need for repetition and repayment, or does it not suffice? Ultimately, it concludes that, firstly, compliance with the secondary real command (emergency ruling) is absolutely sufficient from the primary real command. Secondly, in the event of a conflict between the apparent ruling and the certain real ruling, contrary to the opinion of the majority of usul scholars, based on how the apparent ruling is established, the causality and governance of the evidence of the apparent ruling over the real, the apparent ruling is sufficient.
کلیدواژهها [English]
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