
A Research on the Veraciousness of an Act Done under Hardship | ||
فقه و مبانی حقوق اسلامی | ||
Article 1, Volume 45, Issue 2, March 2012, Pages 1-13 PDF (149.51 K) | ||
Document Type: Research Paper | ||
DOI: 10.22059/jjfil.2013.35385 | ||
Authors | ||
Abdollah Bahmanpuri* 1; Hossain Saberi2 | ||
1Ph.D. Student of Jurisprudence and Essentials of Islamic Law, Ferdowsi University of Mashhad | ||
2Associate Professor of faculty of theology and Islamic studies- Ferdowsi University of Mashhad. | ||
Abstract | ||
Among concepts influencing jurist’s verdicts notably are harm and hardship. What is for certain is that doing a harmful act is null and void. However, there is a disagreement among jurists as to veraciousness of an act done under hardship. Comparing it with harmful acts, some believe in its annulment. Some other arguments are presented for annulment, but all of them suffer from some problems. Criticizing proofs of those who believe in annulment of acts done under hardship and treating them as inadequate on the one hand and relying on jurists’ argumentations and intellectual confirmation on the other, the present essay intends to prove veraciousness of acts done under hardship and present criterion in this connection. | ||
Keywords | ||
Harm; hardship; obligation; permissibility; veraciousness | ||
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