نوع مقاله : علمی پژوهشی
نویسندگان
1 طلبه سطح چهار، حوزه علمیه خراسان، مشهد، ایران.
2 استاد سطح چهار، حوزه علمیه خراسان، مشهد، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Within the religious proofs (adillah sharʿīyah), encompassing the verses of the Qur'an and the narrations from the Infallibles (pbut), there exist terms over which scholars and thinkers in the field of jurisprudence disagree. One such term is the frequently used word "ʿamd" (intent), which holds particular importance in the jurisprudence of acts of worship (ʿibādāt) and transactions (muʿāmalāt), especially in penal jurisprudence (al-fiqh al-jazāʾī). Regarding whether knowledge of the ruling plays a role in realizing the meaning of intentionality (taʿammud), three perspectives exist. According to one view, knowledge of the ruling plays no role in realizing the meaning of intentionality; consequently, both the one who knows the ruling (ʿālim) and the one who is ignorant of it (jāhil) can be considered intentional perpetrators (mutaʿammid). Another view considers knowledge of the ruling as integral to the meaning of intentionality, based on which only the one who knows the ruling can be considered intentional. A third perspective holds that this term lacks a clear indication (ẓuhūr) towards either absolute intentionality or intentionality derived from knowledge, and therefore, other contextual clues (qarāʾin) must be referred to for understanding the meaning of intentionality within the religious proofs. This research, in response to the question "What is the role of knowledge of the ruling in realizing the meaning of intentionality in the Book and the Sunnah?" and aiming to precisely understand the meaning of intentionality in the religious proofs and deduce the legal rulings related to intentional acts or omissions, utilizing a library collection method and a descriptive-analytical approach, has concluded that the word "amd" does not have a clear indication (ẓuhūr) in either of these two meanings, and its precise meaning can be discerned with the help of contextual clues.
کلیدواژهها [English]
قرآن کریم. (1372ش). (ترجمه محمدکاظم معزی). قم: انتشارات اسوه.
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