نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The principle of no hardship (Qāʿida lā ḥaraj) is a widely used jurisprudential principle applied throughout Islamic jurisprudence. It has long been a focus for scholars and is also significant in contemporary issues. One characteristic of this principle is its grace-based nature, meaning that the sacred Lawgiver, out of kindness to the Muslim community, refrains from establishing burdensome rules, thus bestowing a favor upon the community. If this characteristic is proven, it creates specific inferential effects for the legal ruling, leading to either the expansion or limitation of the ruling's scope. The theory of the grace-based nature of the principle is based on the apparent meaning of the evidences for this principle. Another reason mentioned in this article for the first time is that the explicit facilitation and its repetition indicate a favor from the perspective of common understanding. The non-grace-based view relies on the generality of the evidences for the principle and argues that grace conflicts with some rational evidences. A critical examination of the evidences for both views shows that the grace-based view holds more strength, and the principle of no hardship is among the grace-based legal principles.
کلیدواژهها English