Non-Stipulation of Security from Loss in Commanding Right and Forbidding Wrong
Journal Title: فقه و اصول - Year 2017, Vol 49, Issue 108
Abstract
In legal works, the obligatoriness of commanding right and forbidding wrong has become restricted to stipulatory realization including “security against loss”. The jurists believe that commanding right and forbidding wrong has “a suspended and conditional obligatoriness” toward the stipulation of security from loss in such a way that when a depravity or loss follows commanding right and forbidding wrong, this obligatoriness does not have actuality and is voided. Having re-examined the issue, the writers consider the evidences of the generally accepted view as violable despite its enjoyment of “great publicity”. Briefly put, the writers believe that commanding right and forbidding wrong as a legal obligation has “an absolute and non-suspended obligatoriness” toward qualified condition.
Authors and Affiliations
Muhammad Mohseni Dehkalani, Ali Akbar Izadifard, Saleh Montazari
A Comparative Research on the Principles of ‘Alā al-yad and Al-kharāj and the Genealogy of their Narrational Chain of Transmission
The evidence of legal rules is sometimes a tradition with different impression, sometimes it is of Sh‘īa origin, sometimes of Sunnī origin, and sometimes sharing both Shī‘a and Sunnī. With a brief explanation of the prin...
An Analysis of Suspension in Cancellation of Contract in Imāmī Jurisprudence and French Law
Despite the claimed consensus concerning the cancellation of suspension in signing a contract, certain suspended institutions (established laws) can be found in Imāmī jurisprudence, which are very similar to "suspension...
A Rereading of the Jurisprudential Precept for Participation at the Dissidents’ Communal Prayers and Following Their Leadership with a Special Regard to Imam Khomein’s Viewpoint
A considerable part of the statements in different Shi’ite jurisprudential chapters expresses the practical obligations of the obliged (mukallafīn) with respect to the denominational dissidents. The concept of denominati...
A Jurisprudential-Exegetical Exploration into the Lawfulness of Sacrifice in Revealed Scriptures in Light of Āya 5 of Sūrat al-Mā’ida
The lawfulness of dhabīḥa (sacrifice) in Revealed Scriptures is implied from āya 5 of Sūrat al-Mā’ida, and the reason for it, besides the contexts and appreciativeness of the ruling for lawfulness, is that the word ṭa‘ām...
Commitment to Non-remarriage in Traditions and Imāmī Jurisprudence
One of women’s psychological concerns is the remarriage of their husbands; however, the renowned majority of the jurists do not regard as valid the condition of non-remarriage due to its opposition to religious law. In t...