Reflections on competence of “priority of preventing an evil over securing a benefit” as a rule
Journal Title: فقه و اصول - Year 2016, Vol 48, Issue 106
Abstract
“Preventing an evil takes priority over securing an interest” and preferring the prohibition side is among discussions raised by Usuli scholars and has been accepted as particular affirmative proposition; the said priority is known among Islamic jurisprudents as “ preventing an evil takes priority over securing a benefit” in whose … is the contrast of evil and benefit. Four interpretations of the said priority may be analyzed, the fourth of which i.e. the contrast of benefit and evil, despite being ignored by Islamic jurisprudents, is qualified to be regulated. Furthermore, in the author’s eyes, the first interpretation of this priority deducted from the rule of reason is also qualified to regulated provided the four following elements are present: type of duty, type of obligation, quantity and quality of probability.
Authors and Affiliations
Mirza Mohammad Vaezi
Keywords
Related Articles
- EP ID EP190852
- DOI 10.22067/fiqh.v0i0.32631
- Views 105
- Downloads 0
Interaction of Value and Reality in Creating Legal Rule
Fundamentals of legal rule is one of the major discourses of the philosophy of law, which has led to the formation of numerous intellectual schools in this field. The main query of the present research is that whether th...
Deliberations on the Condition for the Executor of Testament to be a Muslim
In many jurisprudential discourses, Islam is said to be a condition for the validity or permissibility of action. One of the most important of these instances, which is claimed to be unanimously agreed upon, is the execu...
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 Jurisprudential Inquiry into the Authority of the Ruling Jurisconsult’s Opinion on Proving the Lunar Crescent Sighting
Moon is considered a natural calendar for human individuals. Proving the crescent sighting is among the issues that all human beings are somehow in need of. Similarly, the Islamic religious law has subjected some of the...
Examining the Legal Principles of the Ruling on the Retaliated Punishment (Qiṣāṣ) of Mother for Murdering her Child
Murder is among the most abominable human acts and the most criminal behavior of mankind; in Shī’a jurisprudence, punishment for deliberate murder is qiṣāṣ (retaliated punishment) in general. On the basis of this general...