Mendeley
TY  _  JOUR
ID  -  QER-45286
TI  -   The moral legitimacy of the theoretical and practical conflict between non-ruling jurists and ruling jurists based on its consequences
JO  -  Quarterly Ethical Research (Association for Islamic Thought)
JA  -  ES
LA  -  fa
SN  -  2383-3279
AU  -   
AU  -  asgari alireza
AU  -  Tavakoli Ahmadreza 
AD  -  
AD  -  گروه فقه  و مبانی  حقوق اسلامی، واحد نجف آباد، دانشگاه آزاد اسلامی، نجف آباد، ایران
AD  -  دانشگاه آزاد اسلامی، نجف آباد
Y1  -  2023
PY  -  2023
VL  -  2
IS  -  
SP  -  69
EP  -  100
KW  -  Wilayat
KW  -   jurisprudents
KW  -   conflict
KW  -   chaos
KW  -   system disorder. 
DO  -  
N2  -  Although there are two theories of selection and appointment among jurists in relation to Islamic governance, but based on rational and narrative reasons, all qualified jurists are the general vicegerents of Imam Masoom (a.s.) and it is necessary that among them one of the jurists who All the necessary conditions, such as knowledge, independence, and the power to run the Islamic society, must be fulfilled and he must assume this responsibility for the implementation of divine decrees. It is natural that if one of the jurists undertakes this duty, the other jurists should support him and not disturb him by interfering in his work; One of the debates in the field of jurisprudence is the conflict between jurisprudence and jurists, which is referred to as "the interference of a jurist for another jurist". Whenever a jurist is unique in an era, he himself becomes responsible for the province and performs his duty in all areas related to the implementation of divine decrees and the administration of Muslim affairs. But if there are many qualified jurists in one era, the question arises, how can multiple jurists in a single era all have the authority and government, which requires the plurality of independent rulers in a single time and place, which is contrary to the way of reasoning and building. It is the governments and if the guardianship and the government are for one person, then the question that can be asked is what will be the fate of the guardianship of the other jurists? The result of this conflict, in addition to being an immoral act, is considered an immoral matter, and it means the interference and opinions of people in matters that do not concern them, which, in addition to psychological damage for themselves, has harmful social consequences. also has; Because sometimes it causes moral vices such as turbidity, enmity, sedition and chaos. Therefore, in Islamic hadiths, this immoral work is strictly prohibited. According to many jurists, the Holy Sharia itself has thought out ways to do things in this field, and in practice such a problem will not occur, and when one of the jurists starts to form a government, citing two Muslim principles of jurisprudence, it is not permissible for others to work. He has interfered and interfered in the performance of his duty, whether it is in the form of interference in the principle of the formation of the government or in the form of interference in some of its affairs; These two principles, one is the necessity of the sufficiency of the authority of the jurist and the other is that it is not permissible to disturb the jurist in one another's work.
UR  - rimag.ir/en/Article/45286
L1  - rimag.ir/en/Article/Download/45286
ER  -  
