The use of correctness in the sense of responsibility in personal and social life

Number of pages: 126 File Format: word File Code: 32710
Year: 2014 University Degree: Master's degree Category: Law and Jurisprudence
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    Dissertation

    To receive a master's degree

    Islamic theology and education - jurisprudence and fundamentals of Islamic law

    Abstract:

    The principle of correctness is one of the principles that has been legitimized by jurisprudential documents such as verses, narrations, consensus and reasoning by the Holy Shariah in order to facilitate and prevent hardship and embarrassment for people in the society, the principle of correctness in two meanings, It has application. Obligatory correctness means the correctness, permissibility and non-sanctity, and the sin of an action or promise that we have doubts about its non-permissibility, sanctity, or falsehood. The rule of correctness is related to rules such as the Muslim Suq, Yad, Farash, Purity, and Innocence. Social has been investigated. Whether this rule only includes the actions and words of a Muslim or a righteous person, or a non-Muslim and a person who is immoral and subject to accusations, is another part of the issues of this research.

    The application of the principle of correctness in the sense of duty, in addition to the jurisprudential and legal aspect, has a moral aspect and includes good faith towards the actions and words of others, unless it is proven that the action is impermissible and immoral or the words are false. According to the principle of authenticity, the words and deeds of Muslims and even non-Muslims, and the adulterous person and the child of Meez, when in doubt, are assumed to be authentic, as long as there is no evidence to the contrary. In the conflict of the principle of correctness with Istihab, both in terms of ruling and subject, this principle comes first with regard to its authenticity. In addition, the implementation of the principle of integrity in the sense of duty in the words and actions of others and avoiding suspicion, has caused the mental and psychological peace of the individual and society and freedom from sin, and has a great effect on attracting the love of others and the absence of enmity and envy from them.      

    Introduction

    The rule of correctness is one of the famous and common jurisprudence rules among jurists and it is used in most chapters of fiqh in all transactions, contracts, events, acts of worship, sayings and beliefs, this rule has wide examples not only in individual fields, but also in solving people's social and livelihood problems, and it prevents difficulties, embarrassments and differences in the system.

    Of course, the good course of affairs is also approved by reason, while there are many verses and narrations to argue this rule, the rule of correctness takes precedence over other principles and when it conflicts with Istihab, it also takes precedence over it. The principle of correctness in the actions of others means that until the impermissibility of someone's action has not been established, we must consider it as legitimate. Just as someone eats something, drinks a liquid, or wears a garment and we give the possibility of its sanctity, until its sanctity is proven, we should consider it halal.

    The present study is compiled in three chapters. In the first chapter, while explaining the basic concepts, the documents and proofs of the validity rule and its implementation time have been discussed. In the second chapter, the channels of the principle of health and the principles and emirates that are related to this rule and the precedence of the rule of health over them have been examined. And in the third chapter, the application of the rule in personal and social life, including sayings and prayers, etc., as well as good faith towards the actions of others and avoiding slanderous positions and repelling slander from oneself. This research, unlike other researches that have mostly dealt with the rule itself and its brief application in a situational sense, has mostly dealt with the practical issues of the rule in a duty sense.

    Defining the problem and stating the main questions Research

    The rule of jurisprudence means public rulings that are related to many issues of jurisprudence, and the correctness of the correctness is used in the act of not, and the meaning is that if the present is issued from someone else and its correctness and corruption are not known to others, it will be acted upon according to its correctness. This rule is not only in the individual fields, but also in solving the social and livelihood problems of the people, it has a wide application and prevents hardships and embarrassments and differences in the system. The principle of correctness in the sense of responsibility is mostly used in moral and psychological issues, and this principle prohibits people from being suspicious and pessimistic about the actions of others.

    Several questions are raised regarding the application of this rule and its relationship with other rules, the most important of which are:

    What does the principle of correctness mean?

    What principles and emirates are related to the principle of correctness?

    What is the role of the rule of correctness in the sense of obligation in beliefs, acts of worship, sayings and society?

    Does this rule only belong to the Muslim verb? Does it include non-Muslim actions?

    According to this rule, in general, if there is any doubt about a Muslim's action, should it be accepted as authentic?

    The purpose of presenting this thesis is that in the process of dealing with claims related to the authenticity of Shariah acts, in judicial proceedings or in individual and social matters, sometimes certainty or valid suspicion of authenticity is not achieved. In the absence of this rule, we will face many problems, and considering that this rule is used in many jurisprudence chapters, it is tried to investigate the application and practical effect of this rule in resolving disputes related to worship, sayings, beliefs, and civil rights of individual and social life. have discussed the rule, and in expressing the application of this rule, it has been worked on in a more formal sense, for example:

    1- The thesis "The correctness of correctness in actions from the perspective of Imamia" by Mohammad Amin Voldan Zoz, supervisor Hossein Karimi, advisor professor Ali Asghar Mousavi Ranjbar, in this thesis stated the rule and briefly mentioned the principle of correctness in words and beliefs.

    2- The article "Avoidance of slanderous positions" by Habibullah Mohammadi, Mashakh Ashaghi, 1388. In this article, a brief review on avoiding slander has been discussed.

    3- The article "Asalah al-Sahah or the principle of validity of contracts in Iranian law" by Dr. Tawfiq Irfani, Salehan Publications, 2nd edition, 1385, in which he also fully examined the rule of validity, including the nature of the validity principle, the evidence of the validity principle, etc. discussed and also examined the principle of correctness in Iran's civil law in a general way, which examines all aspects, its practical fruit appears more.

    Through the investigations, it became clear that so far, no written work has dealt with the application of the rule of correctness in a mandatory sense in order to express the role of this rule in individual and social life. Research Hypotheses

    The principle of authenticity is related to the rule of Farash, Yad, Suq of Muslims, carrying a Muslim verb on authenticity.

    It is not permissible to suspect without reason about the actions of others.

    The principle of authenticity takes precedence over other practical principles.

    The principle of authenticity is also used in contracts and contracts. It is not to take other people's word.

    4-Research Method

    This thesis analyzes and draws conclusions from a fundamental and descriptive-analytical method using library and software resources. one's own exercise as well as in other's exercises. In other's exercises it includes Muslim, unbeliever, lecher, child point, wise and ignorant, which their exercises, all are true. But concerning unbeliever, his hunting, reference to pagan ruler, and purchasing meat and skin of an animal whose carrion is unclean, are not permitted, unless Islamic slaughtering [tazkiyeh] were observed. This rule is related to other rules such as transportation of Muslims, action on health, the rule of tranquility and aggression, Muslim's market, yard, mattress, clean lines, and legalization. In all of the preceding cases, because of the preservation of the system and social interest, they are interpreted as true. In the rule of yad, one ambiguity appears that the denier's exercise is interpreted as true, as well. It is said: no, because both the expression and the exercise of zolyad, are interpreted as true, and if there are conflicts in expression, it will be void. In the rule of legalization; however the principle is unclean lines. When there is a doubt, the principle of Helliyat is applied. The difference between the rule of accuracy and the rule of tranquility and aggression is in that, tranquility is related to the completion of the exercise, but the rule of accuracy applied during the exercise as well.

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The use of correctness in the sense of responsibility in personal and social life