نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، دانشگاه علوم اسلامی رضوی، مشهد، ایران.
2 دانشجوی دکتری فقه و مبانی حقوق، دانشکدگان فارابی، دانشگاه تهران، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The word "ayyak" is a key expression in the narrational texts that plays a decisive role in expressing warnings and normative rulings. Despite its widespread use in narrational sources, no independent research has been conducted on the meaning of this expression, and the existing discussions are scattered and lacking comprehensive analysis among jurisprudential discussions. This research has comprehensively examined the meanings of "ayyak" using a descriptive-analytical method and using lexical, syntactic, and narrational sources. The results show that this word originally implies the meanings of "warning" and "avoiding" and is often used in the field of prohibitions. The use of this word in non-prohibitions is due to the moral nature of the narrations and does not detract from its main meaning of prohibition.
Syntactic and comparative analysis shows that in cases without parallel, "ayyak" appears in obligatory prohibition and prohibition. Citing the opinions of the grammarians and the basis of the Usuli, this meaning is confirmed. Analysis of narrations also shows that this expression is used in most cases to express prohibition. Therefore, in the field of religious jurisprudence, it indicates the prohibition and invalidity of the action. In the jurisprudence of transactions, if the prohibition refers to the premises or conditions of the transaction, it does not entail invalidity; however, if it concerns the result or legal effect of the transaction, it indicates invalidity. Therefore, "ayyak" in narrational texts appears predominantly in prohibition and a precise explanation of its implication plays a fundamental role in understanding legal rulings.
کلیدواژهها [English]
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