نوع مقاله : علمی پژوهشی
1 استادیار گروه فقه و حقوق اسلامی دانشگاه شهید مدنی آذربایجان
2 استادیار گروه فقه و حقوق اسلامی دانشگاه بزرگمهر قائنات
عنوان مقاله [English]
he jurisprudence of ‘Ibadah (worship, religious ritual practice), which is mainly related to man’s relationship with God, contains a large part of jurisprudential issues and includes several chapters and several important issues, and many jurisprudential rules have been cited and argued by jurists in this part. Since, the determination and regulation of human duty on the basis of the heavenly Sharia (Arabic: شریعة, Romanized: sharīʿa) and by using and inferring the commands and prohibitions (bans and orders) of the Sharia in all events requires a thorough scientific discussion and extensive study; therefore, in the present study, the authors, in a documentary-analytical manner, while explaining the contexts of the rule of negation of distress and constriction (Arabic: قاعدة نفی عُسْر وحَرَج) and its scope, enumerate the most important cases of jurists citing to this rule in different chapters of worship and have discussed the aspects of arguing for this rule in each case; so that in some cases, the rulings issued are analyzed only in the light of the evidence of the rule of negation of distress and constriction and in some cases, the mentioned evidence has been cited as a help along with other evidence, and in some cases due to the difference between the specific evidence, the mentioned rule has been considered as a basis and criterion and the arguments in accordance with the mentioned rule have been preferred.