Examining the Qur’ānic and Narrative Evidences for the Rule of “Prohibition of Taking Wages for Ritual Obligations”
Journal Title: فقه و اصول - Year 2014, Vol 46, Issue 98
Abstract
Jurisprudence has been originated from the Qur‘ān and ḥadīth and the narrational or ma’thūr jurisprudence has been the first jurisprudential style after the rise of Islam, to such an extent that in the latter periods the expansion of this jurisprudence was intermingled with rational inferences and some issues that enjoyed more widespread aspects were accepted as rules. The rule of prohibition of taking wages for ritual obligations (wājibāt) has been considered as a challenging and controversial rule. This rule in early period of jurisprudence has its roots in some specific-case traditions on judgment, adhān (call to prayer), and instruction of the Qur’an; and in the books of the earlier scholars there is simply a legal judgment (fatwa) on the prohibition of taking wages for preparation of a dead body [for burying]. Differences concerning this issue in the latter periods have been mainly based on and arisen from rational aspects and analyses; and so far the scholars of this field have widely dealt with the rational principles of the rule. However, it has been seriously lacking in addressing the Qur’ānic and narrational aspects of this issue. In this writing, the stipulated and authorized (manṣūṣ) principles of the rule have been gathered from various narrational and exegetical books and put to criticism.
Authors and Affiliations
MajīDriḍā Shaykhī, MuḥSen JahāNgīRī, ‘AbbāS ‘Alī SulṭāNī
Keywords
Related Articles
- EP ID EP184549
- DOI 10.22067/fiqh.v46i18.16646
- Views 146
- Downloads 0
An Exploration into the Qur’anic Evidence of the Legal Ruling on the Alteration of Allah’s Creation in Newly-emerged Medical Issues
The occurrence of newly-emerged and unprecedented phenomena in various medical fields raises questions as to their legality or illegality. Despite the fact that one of the most important evidences of the jurists in this...
The Extent of the Validity of Isolated Tradition (Khabar) in Muḥaqqiq Ardabīlī’s School of Thought
One of the most highly applicable evidences for inference of legal precepts is the isolated tradition, whose acceptance, rejection, or limitation is highly effective in the consequences of inference. Muḥaqqiq Ardabīlī, a...
Legal-Juridical Study of Conditional Option in Unilateral Obligation
In civil law, khiyārāt (options or rights of withdrawal) is a topic concerning contracts. Also, in article 456 of civil law, khiyār is viewed as related to transactions. In statuary jurisprudence and law, there is little...
The criterion fatwa in legislation within the legal system of Islamic Republic of Iran (Another look at Superior Knowledgeability in the Shia state fiqh system)
Undoubtedly, legislation in any governmental system is based on its intellectual – philosophical foundations and special ideology. Hence, in an Islamic society, religious rules must be criteria of legislation in order to...
An Inquiry into the Reasons for the Jurists' Difference of Opinion in their Approach to Traditions
Difference of opinions among the jurists is quite tangible and obvious in jurisprudence. This difference of opinions can have various reasons, including difference in categorizing traditions, which arises from difference...