How to compensate for the loss caused by the implementation of practical principles in the rights of individuals

Subject Areas : New issues

zahra ketabi ¹ , mohammad jafariharandi ²

1 - PhD Student Department of Jurisprudence and Principals of Islamic Law, Yadegar-e-Imam Khomeini (RAH) Share Ray Branch, Islamic Azad University, Tehran, Iran.
2 - Associate professor Department of Jurisprudence and Principals of Islamic Law, Yadegar-e-Imam khomeini (RAH) share Ray Branch, Islamic Azad University, Tehran, Iran (corresponding author)

Received: 2021-12-05 Accepted : 2022-05-23 Published : 2024-09-24

Keywords: rights of individuals, compensate, : practical principles, Loss,

Abstract :

(One of)The authentic Islamic resources is general rules that Islamic jurists and lawyers use it to obtain command of religion and practical principles form a part of these rules. Maybe after applying these rules, it turns out what has been obtained as a inferred legal decision is not conform to with the assertorical judgement and this factum has been noticed by the jurists and argued by the science of the principles of jurisprudence but inconformity the non-compliance of the contents of practical principles with reality , when it spoils someone’s rights and it turns out that the provisions of these principles ( which are used to remove confusion when there is no access to reality)were contrary to reality and it has caused loss entry to the person against whom these principles have been applied , the contestation in the principles of jurisprudence.In the present paper, this theory was discussed and proved that although the implementation of practical principles ejects the defining law (the right of God) to some extent, but it cannot cause the spoil of the rights of others( human right), to obtain religious opinions and principles and make it clear.