نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیئت علمی دانشگاه تهران
2 پژوهشگر
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
This article, entitled "A Jurisprudential and Legal Reappraisal of the Concept of Permission (Idhn): A Critical Approach," seeks to re-examine the concept of idhn (permission), a fundamental and widely applied notion in Islamic jurisprudence and law. Muslim jurists and legal scholars have advanced divergent views regarding its legal nature: classical jurists have employed the term in various senses, including constitutive authorization and the expression of consent, whereas contemporary legal scholars have often conflated its constitutive and non-constitutive dimensions. In light of the diverse applications of idhn, the present study addresses the fundamental questions of its true legal nature and the relationship among its various conceptual manifestations. It argues that the first step toward a proper understanding of idhn is to clarify its juridical nature, maintaining that idhn is inherently a constitutive (inshāʾī) legal act and should therefore be redefined on the basis of this essential characteristic. Since most existing Qur'anic, jurisprudential, and legal definitions fail to give due consideration to this constitutive element, a critical reappraisal of the concept is necessary. Employing a descriptive-analytical methodology and drawing upon both conventional library sources and digital academic materials, the article identifies the defining legal indicators of idhn, critically evaluates the principal doctrinal theories concerning its nature, and proposes a more coherent conceptual framework for understanding idhn within Islamic legal thought.
کلیدواژهها [English]
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