Jurisprudential analysis of the legitimacy of earning money from performing an obligatory act
Subject Areas : All jurisprudential issues
Mostafa
Boroujerdi
1
(assistant professor of Islamic law and jurisprudence, School of International Relations, Tehran, Iran.)
Keywords: obligatory act, hired, acquisition of wealth, vicariate,
Abstract :
Getting income through performing obligatory religious duty (Farḍ or farīḍah) is one of the issues that has been taken into consideration by jurists for a long time and about which different views have been expressed. Although the main focus was on the lease contract, it does not seem to be specific to it, and it can be taken into account in other barter contracts. In any case, how to make clear the relationship between what is obligatory, which is a religious duty (Farḍ), and earning, as an economic action, is a serious challenge. Presenting the subject with intensive reference to jurisprudential opinions, this article analyzes the arguments and tries to explain its jurisprudential legitimacy. In this regard, the opinions of jurists who believe in the inherent contradiction between obligation and earning income is concerned critically, and the arguments of those who expand the types of Farḍ is examined. Next, the issue of receiving remuneration for performing the act of worship of a hired is discussed, and finally, the factual and evidential dimensions of the legitimacy of the act of proxy (Niyabah) worship are debated.
_||_
