Investigating Juridical Views about Solving the Problem of None-Particularization of the Rule of Prohibition of Taking Wage for Duties Obligations

Authors

1 (Associate professor of Ferdowsi University of Mashhad)

2 (An A.M of jurisprudence and the foundation of Islamic law)

Abstract

P




rohibition of taking wage for duties obligations as a juridical rule has been agreed upon by Jurisprudents. Nevertheless, most jurisprudents have discussed the permissibility of taking wage for duties obligations by dividing them into two parts: disciplinary obligations and non-disciplinary one. Since the reasons advanced for this rule in later juridical books include some rational arguments, the problem of non-
have been imposed upon him. In other aspect, there is dispute among Shiite jurisprudents about the concept of this title. Juridical arguments denote that the meaning of this title is a person who is enemy of Ahlol-Bayt and regards this enmity as a part of his religion. The most of jurisprudents believe that nasebi is a person who is the enemy of Ahlol-Bayt and makes it clear in a way. In contrary, some wanted to
exceptionality of rational decree has been posed against permission of taking wage for obligations. Given to this problem, later jurisprudents have attempted to find solution for it in different ways. This article has analyzed and criticized sixteen solutions that have been posed in this regard and at last it has regarded one of the solutions that have been provided by Imam Khomeini as the best one.
 
 

Keywords

Civil Jurisprudence Doctrines
Volume 3, Issue 4 - Serial Number 4
January 2009
Pages 25-48

Files

Share

How to cite

Statistics