easement justification in islamic sects'point of view

Authors

امیر احمدی

کارشناس ارشد فقه و مبانی حقوق دانشگاه آزاد اسلامی واحد کرج مهدی خدایی

استادیار دانشکده الهیات دانشگاه آزاد اسلامی واحد کرج

abstract

one of the important issues in daily affairs of human life is easement,when onesees other people'sneeds and helps them to solve their problems. there is no general evidence to justify easement that five-sect jurisprudents cite. there arenot specific verses about easement rights in the qur'an; but,we can mentioncommon rights between neighbors and granting benefits to him as implied inthe 36th verse of nisasurah. the second resource is thesunnah, prophet's and imams' tradition can be a reason is to validate easement. therefore, narrativesin imamieh and sunni booksregarding this issueare described. the third resource is the total ideas of wises, wises with any faith who have accepted easement. the fourth resource to justify easement is prophet's companions' actswhich areconsidered as an evidence for sunnisect, that companions assign easement as a legal issue in their acts. so, it can be concluded that the easement is legitimate according to the reasons expressed here and is accepted in modern societies, and the justification of easement will help the legislators and jurisprudents.

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