The realm of the ruling interference in the implementation of religious rulings
Subject Areas : All jurisprudential issueszahra kolbadynjad 1 , mohammad jafariharandi 2 , Kazem Rahman Setayesh 3
1 - الهیات فقه و مبانی حقوق اسلامی ،دانشکده حقوق و الهیات ،دانشگاه علوم و تحقیقات ،تهران ،ایران
2 - 2* Associate Professor, Department of Jurisprudence and Principles of Islamic Law, Yadegar-E-Imam Khomeini(RAH) Shahre Rey Branch, Islamic Azad University, Tehran, Iran
3 - Assistant of Qom University, Department of Law and Jurisprudence,
Qom, Iran
Keywords: obligee, executio, Keyword: rules jurists, worships, , intention of closeness,
Abstract :
AbstractThe realm of the ruling interference in the implementation of religious rulingsIn the realm of devotional rulings at first it seems that their implementation is merely a personal matter; Because the consequence of doing or not doing it depends on the person's actions. But with all-round thinking, it becomes clear that in the implementation of some of the rules of worship, the Islamic ruler must intervene or due to an incident, and the intention of the obligated person is not sufficient, but in addition to the intention of the necessary ruler to intervene with his intervention. It can be said that Friday prayers and elementary jihad are considered in this category. This article, by reflecting on the jurisprudential opinions, separates the rules of worship from the perspective of the ruling, and concludes that: although in the implementation of the rules of worship, the principle of personality and intention is required, but in some cases, the implementation of this Judgments will not be possible or sufficient without the intervention of the ruler in essence or in breadth; However, the intention of closeness of the obligee is also raised, and vice versa, it is possible that the worship - the main element of which is the intention of closeness - is performed by the ruler, even if the performer has no intention of closeness.
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