Document Type : Original Article
Authors
1
PhD Student in Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
2
Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Yadegar Imam Branch, Shahreri, Shahreri, Iran
3
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
Abstract
The main question of the present study is: What are the examples and scope of the jurisprudent's authority in the implementation of Islamic rules based on the rule of negation of hardship? The hypothesis of the article is: The emphasis of Islam is on removing the bottlenecks and difficulties from the life of Muslims, creating public security and regulating the relationship between the ruler and the people, as well as the enjoyment of justice for the general public. Therefore, the rule of negation of hardship is clearly related to social rules and to regulate people's lives in Islamic society. The findings of the study show that jurists, based on the denial of hardship, cleanse the society from the existence of injustices; In the political dimension, with vigilance and tact, they prevent the domination of foreigners and the exploitation of Muslims and the oppressed. Denying hardship does not allow any interaction with the oppressors of the world from an unjust position, because it will create economic and political hardships for Muslims. Also, resolving economic problems, emphasizing justice, enjoying political rights, good family life, and family affairs are among the reasons that justify the intervention of the jurist based on the rule of negation of hardship. The method of the present research is descriptive-analytical which has been done by using documentary sources and important works of Islamic jurists and has an inferential approach.
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