نوع مقاله : علمی تخصصی
نویسنده
دانشپژوه دورة عالی فقه مقارن عضو حلقة علمی افق
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
“Coercion Permits the Forbidden”, like two other “negation of harm” and “negation of hardship” rules, is one of the secondary rules. Religious jurisprudents have cited this rule as a reason for many subjects of Islamic jurisprudence. The difference between these three rules, and the way of referring to the rule of “Coercion Permits the Forbidden” are the segregation points of the Shiite's and the Sunni's jurisprudence, which is mentioned in this paper. In continuance, by conceptual explanation of the words, harm, coercion, necessity, and their idiomatic meanings, the related evidences to this rule will be provided. The measure of significance of them to prove this rule will be discussed. Then, by induction, the inclusion of this rule on all subjects of Islamic jurisprudence, and, also the significance of its evidences will be proved. At the end, by considering the nature of “Coercion Permits the Forbidden” as one of the secondary rules, the relationship between this and the primary rules will be studied. It is concluded that the priority of this rule is because of its dominance over primary rules. Some other comparative examples of this rule is also given,
کلیدواژهها [English]
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