نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه تهران (دانشکدگان فارابی)
2 استادیار دانشکدگان فارابی دانشگاه تهران
3 دانشجوی دکتری فقه و حقوق جزا دانشگاه شهید مطهری
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Joking is approved by Sharīʿah when it is not prohibited (Arabic: حرام, Romanized: ḥarām) by titles such as lying, insulting, or offending. The ruling of joke as lying has been disputed from the opinion of Jaʿfarī jurists, which is effective in various chapters of jurisprudence, such as the justice (Arabic: عدالَة, Romanized: ʿidāla) of Ḥākim al-Sharʿ (Arabic: حاکم الشرع, the ruler of Sharia), judge (Arabic: قاضی, Romanized: Qāḍī), witness (Arabic: شاهد, shāhid), etc if it is considered to be a major sin (Arabic: کبیرة, Romanized: kabīra) of lying. This article answers the question whether it is permissible to joke with a lie or it is forbidden under the evidence of sanctity of lying. This article answers the question whether it is permissible to joke with an intention of lying or it is forbidden under the evidence of the prohibition of lying. The mentioned issue can be imagined in two forms and evaluated, and its sharīʿa ruling can be reached. The first is that lie must be with joking by a motive of joking without intention of the signification and the context of the word, and the second is that the speaker must intend to signify the meaning of the word. The current research is descriptive and analytical and uses library tools. The result of the present article, by examining and evaluating the views and evidences related to the issue of joke as lying, is that if there is inferential circumstances or specific literal circumstances, based on the position of a joke in the word, the joking is not included under the evidence of the prohibition of kidhb (Arabic: کذب, lying) and joking is permissible.
کلیدواژه‌ها [English]
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