Document Type : Original Article
Authors
1 Assistant Professor of Jurisprudence and Imamia Law, University of Islamic Religions, Tehran (correspondence author)
2 Professor of Islamic Law and Islamic Law School of Islamic Theology and Islamic Studies of Tehran University
3 PhD student in criminal law and criminology, Islamic Azad University, Kish International Branch
Abstract
While living together, humans have property, life and privacy, which do not have the possibility of finding their way in each other's exclusive area, but while creating an exclusive area, they do not need each other, and in order to benefit from each other's exclusive assets, they do transactions. It is created in the society, where people benefit from each other with a legal system, in such a way that they serve each other through contracts, Iqaa, Abaha, possession of permission in actions, and they use each other in the society. The effect and permission, which removes the sanctity and civil and criminal liability of the authorized person, due to the fact that it is issued in the legal system derived from religion, it should not conflict with the divine decree, because the divine decree precedes the permission of religious people, and if the issuer If the person who accepts the permission contradicts the divine decree, then the permission is formal and not real, and if the authorized person performs an action based on that permission against someone's property, life, or dignity, he is not exempted from the responsibility for that action, even punishment is imposed for his action. and only within the scope of the real permission that is during the Shariah ruling, he will be exempt from any responsibility.
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