نوع مقاله : مقاله پژوهشی
نویسنده
گروه فقه و حقوق، دانشگاه آزاد اسلامی بابل، بابل، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Introduction: The issue of respect for the property of others is one of the most fundamental issues that has negative effects on human life in individual and social extents and in religious teachings, especially in the Qur'an, respect for other people's property and prohibition of possession without permission is recommended and is an important rule in fiqh. The purpose of this research, is the expression of the origin and reasoning the legislation of legitimacy as well as the causes of legitimacy is based on verses and hadiths and the views of jurists.
Methods: This study tries to explain the causes of hillat from the perspective of Imami jurisprudence by using verses and hadiths and related books. This research has been done by library study method and the necessary information has been collected and analyzed; Therefore, the research method in this article is descriptive-analytical.
Results: According to religious teachings, seizing other people's property is not allowed and it is forbidden by Shariah. Any seizure of other people's property must be within the framework of religious laws and regulations. This is a rational rule that is approved by Sharia. According to the study done in Imamiyyah jurisprudence, the origin of Hillat law, which is one of the Sharia rules, is God, and the philosophy of Hillat law from the perspective of the Qur'an is purity, existence of benefit, removal of fault and prevention of harm. Also, the causes of hillat are based on Quranic verses, traditions and views of Imamiyya jurists, including; God's permission, lack of capacity to commit, excuse, permission of the owner or guardian, permission contracts and property assets have been explained.
Conclusion:The first principle in seizing other people's property is sanctity based on religious teachings, and any seizure of other people's property must be within the framework of religious laws and regulations. This is a rational rule, which is approved by the Shariah, and also the origin of Hillat legislation, which is one of the Shariah rules is God, and the wisdom of the legislation of Hillat and the means of Hillat is expressed from the perspective of the Qur'an.
کلیدواژهها [English]
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