Comparative Approach to Theory of Mantiqat al-Firāq of Martyr al-Sadr and Mantiqat al-‘Afw of Sheikh al-Qardāwī
The occultation of the Infallible Imam (as) and the emergence of new events increased the Muslims’ need to know the legal (shar'ī) ruling regarding the newly-emerged cases. It made some Islamic scholars struggle to consider the Islamic worldview and to believe in an area free of legal ruling. I...
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University of Kurdistan
2023-09-01
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| Series: | مطالعات تطبیقی فقه و اصول مذاهب |
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| Online Access: | https://mfu.uok.ac.ir/article_62894.html?lang=en |
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| author | Mahmood Akbari Mysam khazaee mohammad edki |
| author_facet | Mahmood Akbari Mysam khazaee mohammad edki |
| author_sort | Mahmood Akbari |
| collection | DOAJ |
| description | The occultation of the Infallible Imam (as) and the emergence of new events increased the Muslims’ need to know the legal (shar'ī) ruling regarding the newly-emerged cases. It made some Islamic scholars struggle to consider the Islamic worldview and to believe in an area free of legal ruling. In Imāmī jurisprudence, the contemporary jurist Martyr Sayed Mohammad Bāqir al-Sadr called it “Mantiqat al-Firāq” (Belt of Lacuna) and in Sunni jurisprudence, the Egyptian jurist Yusuf al-Qardāwī called it “Mantiqat al-‘Afw” (Belt of Permission). Based on the descriptive-analytical method, this research aims to compare the two theories to investigate and analyze their feature and ambiguities. These two theories have many differences and similarities with each other that can be examined. Examining these two theories, it may be concluded that both areas, which have been proposed with the aim of social justice and respect for the general interests of the society, and in its design, the universality and immortality of the Islamic Shari'a have been taken into consideration, are empty of legal required rulings. In order to fill this area, it is necessary to bring up specific criteria and standards to match them with the general principles and rules of Islam. In addition, both theories have shortcomings that must be amended and completed by their proponents or even critics in order to be applicable.
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| format | Article |
| id | doaj-art-d86adffa918641c785778b5a52607ca9 |
| institution | OA Journals |
| issn | 3041-8682 |
| language | fas |
| publishDate | 2023-09-01 |
| publisher | University of Kurdistan |
| record_format | Article |
| series | مطالعات تطبیقی فقه و اصول مذاهب |
| spelling | doaj-art-d86adffa918641c785778b5a52607ca92025-08-20T02:13:19ZfasUniversity of Kurdistanمطالعات تطبیقی فقه و اصول مذاهب3041-86822023-09-016212210.22034/MFU.2023.62894Comparative Approach to Theory of Mantiqat al-Firāq of Martyr al-Sadr and Mantiqat al-‘Afw of Sheikh al-QardāwīMahmood Akbari 0Mysam khazaee 1 mohammad edki 2Assistant Professor, depatmant of Law, Faculty of Humanities, University of Ayatollah Ozam Borujerdi University , Borujerd, IranAssociate Professor of University of Ayatollah Boroujerdi. Borujerd City, IranM.A, Depatmant of Law, Faculty of Humanities, University of Ayatollah Ozam Borujerdi University , Borujerd, Iran.The occultation of the Infallible Imam (as) and the emergence of new events increased the Muslims’ need to know the legal (shar'ī) ruling regarding the newly-emerged cases. It made some Islamic scholars struggle to consider the Islamic worldview and to believe in an area free of legal ruling. In Imāmī jurisprudence, the contemporary jurist Martyr Sayed Mohammad Bāqir al-Sadr called it “Mantiqat al-Firāq” (Belt of Lacuna) and in Sunni jurisprudence, the Egyptian jurist Yusuf al-Qardāwī called it “Mantiqat al-‘Afw” (Belt of Permission). Based on the descriptive-analytical method, this research aims to compare the two theories to investigate and analyze their feature and ambiguities. These two theories have many differences and similarities with each other that can be examined. Examining these two theories, it may be concluded that both areas, which have been proposed with the aim of social justice and respect for the general interests of the society, and in its design, the universality and immortality of the Islamic Shari'a have been taken into consideration, are empty of legal required rulings. In order to fill this area, it is necessary to bring up specific criteria and standards to match them with the general principles and rules of Islam. In addition, both theories have shortcomings that must be amended and completed by their proponents or even critics in order to be applicable. https://mfu.uok.ac.ir/article_62894.html?lang=enmantiqat al-firāqmantiqat al-‘afwpublic interestlegislation |
| spellingShingle | Mahmood Akbari Mysam khazaee mohammad edki Comparative Approach to Theory of Mantiqat al-Firāq of Martyr al-Sadr and Mantiqat al-‘Afw of Sheikh al-Qardāwī مطالعات تطبیقی فقه و اصول مذاهب mantiqat al-firāq mantiqat al-‘afw public interest legislation |
| title | Comparative Approach to Theory of Mantiqat al-Firāq of Martyr al-Sadr and Mantiqat al-‘Afw of Sheikh al-Qardāwī |
| title_full | Comparative Approach to Theory of Mantiqat al-Firāq of Martyr al-Sadr and Mantiqat al-‘Afw of Sheikh al-Qardāwī |
| title_fullStr | Comparative Approach to Theory of Mantiqat al-Firāq of Martyr al-Sadr and Mantiqat al-‘Afw of Sheikh al-Qardāwī |
| title_full_unstemmed | Comparative Approach to Theory of Mantiqat al-Firāq of Martyr al-Sadr and Mantiqat al-‘Afw of Sheikh al-Qardāwī |
| title_short | Comparative Approach to Theory of Mantiqat al-Firāq of Martyr al-Sadr and Mantiqat al-‘Afw of Sheikh al-Qardāwī |
| title_sort | comparative approach to theory of mantiqat al firaq of martyr al sadr and mantiqat al afw of sheikh al qardawi |
| topic | mantiqat al-firāq mantiqat al-‘afw public interest legislation |
| url | https://mfu.uok.ac.ir/article_62894.html?lang=en |
| work_keys_str_mv | AT mahmoodakbari comparativeapproachtotheoryofmantiqatalfiraqofmartyralsadrandmantiqatalafwofsheikhalqardawi AT mysamkhazaee comparativeapproachtotheoryofmantiqatalfiraqofmartyralsadrandmantiqatalafwofsheikhalqardawi AT mohammadedki comparativeapproachtotheoryofmantiqatalfiraqofmartyralsadrandmantiqatalafwofsheikhalqardawi |