نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار فقه و مبانی حقوق اسلامی، دانشگاه تبریز، تبریز، ایران (نویسنده مسئول)
2 دانشجوی دکتری فقه و مبانی حقوق اسلامی، دانشگاه تبریز، تبریز، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The rule of Daraa has a lot of efficiency in jurisprudence and law, which prevents the proof of punishment in doubtful cases, and the principle of validity of this law regarding the punishment is considered as part of the certainty, about the basis of validity and the interpretation of the terms of the rule of Daraa, a detailed research has been done, but it is a necessary and independent research. Dealing with the validity of this rule in terms of emirate or practical principle is in the opinion of the Shariah, which reveals certain results according to any point of view.
The language of the arguments of the rule of Daraa and the reason for its falsification from the point of view of the Shariah, i.e. tolerance regarding the limits and the way of the jurists in dealing with this rule, indicate that this rule is not valid. It should not be because by presenting istihab in cases of conflict, there are very few cases left for the flow of this rule that the shari'a discounting basis does not have validity regarding the scope of the ruling. Some people have considered a rational limit for the truth of the doubt based on the evidence of the mentioned rule, while according to Mukhtar's opinion that this rule is part of the principles of Mahreza, the punishment is excluded for the simple presentation of the doubt.
کلیدواژهها [English]
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