General Addresses and Its Effects
Subject Areas : All jurisprudential issues
Ahmad Reza
Tavakoli
1
(دانش آموختهی دکتری دانشگاه آزاد اسلامی، واحد علوم و تحقیقات تهران، رشتهی فقه مبانی و حقوق، تهران، ایران)
Mohammad Kazem
rahman Setayesh
2
(استادیار دانشگاه آزاد اسلامی، واحد علوم و تحقیقات تهران، گروه فقه و مبانی حقوق، تهران، ایران)
Keywords: Order, Address, Dependent, Subject, Obliged, individual,
Abstract :
Principle scholars look at general addresses including religious rulesdifferently. some believe general addresses are from foreign mattersand some believe general addresses are from real matters.According to these attitudes , the subjects in general addresses areindividuals not the titles mentioned in the address. Because generaladdresses analyzed to specific addresses are related to the numberof individuals, so there should be duty conditions in order to havetrue orders. In contrast to these two attitudes , Imam Khomeinibelieves the subject of these addresses are general title and natures,not individuals. order in these matters is not related to individualsone by one and these general addresses analyzed to specificaddresses are not related to the number of obliged people. So,characteristics and conditions of individuals are not reliable in theseaddresses. The result of accepting this attitude is resolving principleproblem in discussions such as opposite discussion or those mattersthat obliged person has general knowledge a bout. Because theorigin of the problem is conditioning of obliged individuals states(like power) for duty. It causes in some cases such as the address ofimportant a bout opposite things and the address about the dutybeyond obliged individual ability , the address is not focused on theobliges individual. In this paper, firstly, we have defined the addressand different kinds of it. Then, we have investigated different partsof general addresses separately. Different attitudes have beenmentioned about the addresses. Finally the results of attitudesdifferences have been offered.
