نوع مقاله : مقاله پژوهشی
نویسنده
هیئت علمی دانشگاه شیراز
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
By acknowledging the claims of religious thinkers and scholars regarding the comprehensiveness of Islam and its immortality, or the presence of tools such as modern ijtihad, the dynamics of jurisprudence, the change of topics, the interference of time and place in ijtihad, the importance of the place of reason and custom in deducing rulings, and the fact that the Sharia has rational principles alongside the teachings of revelation, and the presence of rules such as the rule of facilitation, jurisprudential and legal issues in general, as well as some major issues, have been examined with regard to the differences between spouses, so that instead of undue caution, a ruling on facilitation is given. On the other hand, presenting theories such as opening the doors of tolerance in religion and negating hardship and hardship in religious texts in women's affairs paves the way for resolving these issues; this can lead us to a general rule in jurisprudence called the "rule of facilitation"; The rule on which the issuance of fatwas is based is clearly seen in the works of jurists and the practical conduct of many of them in ijtihad is based on it. Therefore, it was reviewed in the context of the civil verses based on the revelation. Accordingly, the jurist can, by citing this rule in the process of inference, make a ruling the current duty of the obligated parties that is easily possible for them to carry out, in the name of facilitative ijtihad, instead of issuing fatwas on precautions that in some cases cause hardship and hardship for the imitators. The duty of facilitative ijtihad was merely to remove repeated precautions that lead to the obligation of malaitaq, harm, obsession, and the like.
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