"Definite the task" in examining the theory of the right of obedience
When there is doubt in the obligation and there is no reason, it is the time to implement the practical principle. What is the verdict of basic rule in case of doubt in the obligation? There is disagreement among uṣūliyūn (legal theorists). The famous uṣūliyūn (legal theorists) believe in the implem...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Semnan University
2023-01-01
|
| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_7356_9fc4359c726156702ce04f5afaf6d999.pdf |
| _version_ | 1797296319364071424 |
|---|---|
| author | Mohammad hosein Roohi yazdi Mohammadreza Ayati Aliasghar Arabian |
| author_facet | Mohammad hosein Roohi yazdi Mohammadreza Ayati Aliasghar Arabian |
| author_sort | Mohammad hosein Roohi yazdi |
| collection | DOAJ |
| description | When there is doubt in the obligation and there is no reason, it is the time to implement the practical principle. What is the verdict of basic rule in case of doubt in the obligation? There is disagreement among uṣūliyūn (legal theorists). The famous uṣūliyūn (legal theorists) believe in the implementation of the innocence by virtue of reason and by citation of the rule of obscenity for unstated punishment. Contrary to the popular opinion some people, by rejecting the popular view, considered the rule of reason as a necessity of caution. Martyr Sadr (RA) called this theory the right of obedience and he believes that as long as the release is not from the legislator, whoever opposes the suspicious duty, deserves the punishment.From these two professions, we have accepted the theory of obedience. But in accepting this theory, we have a nominal understanding and a fundamental disagreement with Martyr Sadr. Because Martyr Sadr considered the issue of the right of obedience as an obligatory task, but we considered the issue of the right of obedience as a duty in the real world according to the practical rational rule.
While reviewing criticizing and rejecting the two mentional professions, we have explained and presented arguments and defended our point of view and we have named it finalized of duty or new method. I invite you to read this article to get more accustomed with the new method. |
| first_indexed | 2024-03-07T22:02:54Z |
| format | Article |
| id | doaj.art-14d3826d2a4f4c73be4c1a0d849031f8 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:02:54Z |
| publishDate | 2023-01-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-14d3826d2a4f4c73be4c1a0d849031f82024-02-23T23:28:02ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302023-01-01142973610.22075/feqh.2021.24763.30507356"Definite the task" in examining the theory of the right of obedienceMohammad hosein Roohi yazdi0Mohammadreza Ayati1Aliasghar Arabian2PhD student of Science and Research Unit, Islamic Azad University, Tehran, Iran.Associate Professor of Science and Research Unit, Islamic Azad University, Tehran, Iran.دانشیار گروه حقوق، الهیات و علوم سیاسی، واحد علوم و تحقیقات تهران، دانشگاه آزاد اسلامی، تهران، ایرانWhen there is doubt in the obligation and there is no reason, it is the time to implement the practical principle. What is the verdict of basic rule in case of doubt in the obligation? There is disagreement among uṣūliyūn (legal theorists). The famous uṣūliyūn (legal theorists) believe in the implementation of the innocence by virtue of reason and by citation of the rule of obscenity for unstated punishment. Contrary to the popular opinion some people, by rejecting the popular view, considered the rule of reason as a necessity of caution. Martyr Sadr (RA) called this theory the right of obedience and he believes that as long as the release is not from the legislator, whoever opposes the suspicious duty, deserves the punishment.From these two professions, we have accepted the theory of obedience. But in accepting this theory, we have a nominal understanding and a fundamental disagreement with Martyr Sadr. Because Martyr Sadr considered the issue of the right of obedience as an obligatory task, but we considered the issue of the right of obedience as a duty in the real world according to the practical rational rule. While reviewing criticizing and rejecting the two mentional professions, we have explained and presented arguments and defended our point of view and we have named it finalized of duty or new method. I invite you to read this article to get more accustomed with the new method.https://feqh.semnan.ac.ir/article_7356_9fc4359c726156702ce04f5afaf6d999.pdfpractical principleinnocenceprecautionobscenity for unstated punishmentright of obediencefulfillment of duty |
| spellingShingle | Mohammad hosein Roohi yazdi Mohammadreza Ayati Aliasghar Arabian "Definite the task" in examining the theory of the right of obedience مطالعات فقه و حقوق اسلامی practical principle innocence precaution obscenity for unstated punishment right of obedience fulfillment of duty |
| title | "Definite the task" in examining the theory of the right of obedience |
| title_full | "Definite the task" in examining the theory of the right of obedience |
| title_fullStr | "Definite the task" in examining the theory of the right of obedience |
| title_full_unstemmed | "Definite the task" in examining the theory of the right of obedience |
| title_short | "Definite the task" in examining the theory of the right of obedience |
| title_sort | definite the task in examining the theory of the right of obedience |
| topic | practical principle innocence precaution obscenity for unstated punishment right of obedience fulfillment of duty |
| url | https://feqh.semnan.ac.ir/article_7356_9fc4359c726156702ce04f5afaf6d999.pdf |
| work_keys_str_mv | AT mohammadhoseinroohiyazdi definitethetaskinexaminingthetheoryoftherightofobedience AT mohammadrezaayati definitethetaskinexaminingthetheoryoftherightofobedience AT aliasghararabian definitethetaskinexaminingthetheoryoftherightofobedience |