Dhimma and ‘Uhda in Shī‘a Jurisprudence
Journal Title: فقه و اصول - Year 2012, Vol 44, Issue 90
Abstract
The concept of dhimma and ‘uhda (obligation and undertaking) comprises one of the very important subdivisions of commitments in Shī‘a jurisprudence. The application of these two terms is very common in legal texts, both in discourses on devotional acts and the discourses concerning transactions (including transactions in specific sense and delictual liability - ḍimān). Some contemporary jurisprudents have tried to relate the difference between these two terms to the contrast between the two terms ‘ayn (physical goods) and dayn (debt) and to introduce dhimma and ‘uhda as successfully receptacles for ‘ayn and dayn. The present article is intended to verify this theory. According to the author, the contrast between dhimma and ‘uhda actually refers to the contrast between the impositive (taklīfī) obligation and positive (waḍ‘ī) obligation: ‘uhda is a receptacle for impositive obligations and dhimma is a receptacle for positive obligations.
Authors and Affiliations
Ismā‘ī NimatullāHī
Keywords
Related Articles
- EP ID EP183786
- DOI 10.22067/fiqh.v0i0.13051
- Views 98
- Downloads 0
Comparison and Comparative Examination of the Principle of Jubb (Acquittance from Previous Obligations) and General Amnesty from the Viewpoint of Jurisprudence and Law
One of the legal principles for the disbelievers who convert to Islam is the principle of jubb. This principle is the basis of Islamic mercy and clemency for denial of punishment of the disbelievers who welcome Islam. On...
Delving into some “Special Preconditions of Testimony about Adultery”(Stipulating Connection of Testimonies and Stipulating Vision in a Specific Way)
The Holy Lawmaker’s predilection concerning “private parts (furūj) and blood (dimā’)” is a subject clearly obvious to any jurisprudence researcher. This predilection has prompted the Holy Lawmaker to proceed to devise “s...
Examining the Principles of Legitimacy of the Nullifying Condition in Shī‘a Jurisprudence
A little deliberation on the contents of the contracts concluded between the real and legal persons reveals that nowadays the nullifying condition is gradually being included as one of the conditions of contracts. The le...
Interference of Punishments in Multiple Offences Deserving Legal Punishment and its Challenges
If in multiple offences deserving legal punishment (ḥadd) the perpetrated offences are similar, the punishments interfere and the person is sentenced to one legal punishment. This judgment is disputable from two perspect...
The Ruling for Disrespect to the Holy Mary in Christian Law
Disrespect towards holy characters of any of the Revealed religions by the followers of another religion would drive dialogue among religions to a standoff; but showing respect and reverence to them would pave the ground...