چکیده:
The rule of Daraa has a lot of efficiency in jurisprudence and law, which prevents the proof of punishment in doubtful cases, and the principle of validity of this law regarding the punishment is considered as part of the certainty, about the basis of validity and the interpretation of the terms of the rule of Daraa, a detailed research has been done, but it is a necessary and independent research. Dealing with the validity of this rule in terms of emirate or practical principle is in the opinion of the Shariah, which reveals certain results according to any point of view.The language of the arguments of the rule of Daraa and the reason for its falsification from the point of view of the Shariah, i.e. tolerance regarding the limits and the way of the jurists in dealing with this rule, indicate that this rule is not valid. It should not be because by presenting istihab in cases of conflict, there are very few cases left for the flow of this rule that the shari'a discounting basis does not have validity regarding the scope of the ruling. Some people have considered a rational limit for the truth of the doubt based on the evidence of the mentioned rule, while according to Mukhtar's opinion that this rule is part of the principles of Mahreza, the punishment is excluded for the simple presentation of the doubt.
خلاصه ماشینی:
Implications of the Rule of Dar'a; Based on its Status as an Indicative Sign (Amara) or a Practical Principle (Asl) Reza Elhami 1* / Seyed Naqi Mirhosseini 2 1: Assistant Professor of Jurisprudence and Foundations of Islamic Law, University of Tabriz, Tabriz, Iran (Corresponding Author) r.
Abstract: Keywords: : Rule of Dar'a, Amara (Indicative Sign), Principle of Verification (Asl al-Ihraziyah), Shubha (Doubt), Removal of Hudud, Mitigation of Punishment - Elhami, Reza; Mirhosseini, Seyed Naqi (1403) Implications of the Rule of Dar'a; Based on its Status as an Indicative Sign or a Practical Principle, Journal of Islamic Jurisprudence and Law Studies, University of Semnan, No. 37, pp.
Similarly, the rule of Dar'a, which is in line with the law of leniency in the Hudud, from the perspective of Sharia, does not take into account the uncovering of reality, even if the existence of doubt from the viewpoint of rational people, it would be considered an amara (sign) to access reality and the non-establishment of that suspicious act, but the legislator in the chapter of Hudud has not taken this aspect of uncovering reality into account, and the rule of Dar'a has not been established as authoritative in terms of being a path toward reality; rather, these rules are considered valid in the chapter of Hudud for the sake of leniency and tolerance; because the legislator, due to the interests of which He has knowledge, has intended kindness toward His servants, even in cases where the crime is established, He has provided solutions such as repentance and the pardon of the Imam (peace be upon him) to remove the punishment (Allamah Hilli, n.
(
, 
, 
)
