نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The claim that al-Barāʾa (being absolved from performing an act) operates in relation to the duties is well known among researchers. It should, however, be noted that the thing to which the Principle of al-Barāʾa (absolution) extends may be the subject of other obligations. The Principle of al-Barāʾa is not sufficient for the application of those obligations because the principle of absolution is not a thematic principle. In fact, based on the Principle of al-Istiṣḥāb (presumption of continuity), those laws are not binding. The question is: How does absolution function when those effects and laws are not binding. Can it be said that the prayer is no longer obligatory when it lacks a doubted part inasmuch as the prayer is not considered correct because of the Principle of al-Istiṣḥāb. This may necessitate a contradiction, in the eye of custom, between being absolved from fulfilling the obligation and the presumption of the invalidity of the prayer. That is because according to custom there is correlation between maʿdhūriyya (being justified) and impunity and between the validity of the act (of worship) and its taking legal effect. This article attempts to explain the problem, find a solution, and mention some of its jurisprudential applications.
کلیدواژهها English