نوع مقاله : مقاله علمی ترویجی
نویسندگان
1 استادیار فقه و حقوق اسلامی دانشگاه علوم کشاورزی و منابع طبیعی ساری
2 معصومه عبداللهی: دانش آموخته سطح سه حوزه علمیه خواهران در رشته فقه و اصول گرگان- ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
According to the sources of Imamiyyah jurisprudence, Wilayat in the highest level is fixed for the Prophet (PBUH) and the Imams (PBUH) and it can be proven for the jurist. As a descending order of it is constant for the father's affection towards the children. The present article, which was written with a descriptive-analytical method, has reached these results, that if referring to the ruler of Sharia causes hardship and violates the rights of the imprisoned and absent, the responsibility of managing their property and rights is permissible for righteous believers, and otherwise it is their responsibility. It is the responsibility of the general Muslims to interfere in their non-essential affairs. However, it is obligatory for all Muslims to do the necessary things in an obligatory and sufficient manner. Therefore, if the conditions are fulfilled, a Muslim can interfere in the administration of the properties and affairs of the imprisoned and the absent, and if it is expedient, he can seize it in a voyeuristic way. Of course, the qualification of the person accepting the responsibility is important; Because in case of non-fulfilment of eligibility, the responsibility of managing other people's property is excluded; Jurisprudential evidence, including the rule of beneficence and the rule of necessity, can be mentioned as a proof of this responsibility for the general public. However, the scope of this responsibility is not absolute, but depends on the fulfillment of conditions to determine the nature of the matter and its scope, both financial and non-financial.
کلیدواژه‌ها [English]
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