چکیده:
Exploring the nature of the types of legal precepts (ḥukm al-sharʿī) is one of the most important issues in Uṣūl al-Fiqh (the Principles of Jurisprudence) which is currently of special interest to Uṣūlī scholars. Exploring the nature of ʿazīmah (obligation) and rukhṣah (concession) is one of the issues that is discussed under the nature of legal precepts. A variety of opinions have long been expressed about the nature of ʿazīmah and rukhṣah by Shīʿī and Sunnī Uṣūlī scholars. In the present article, after referring to the written sources, the views expressed in this regard have been described and after analyzing the views and criticizing and examining the arguments, it has been concluded that ʿazīmah and rukhṣah are secondary obligatory rulings. Thus they are included among the famous obligatory precepts.
خلاصه ماشینی:
Ontology of Azimah and Rukhsah in the Science of Usul 1 Vahid Abbasi 2 Seyyed Abolghasem Naqibi 3 Bilal Shakeri 4 Abstract The ontology of various types of Sharia rulings is among the important issues in the science of Usul, which has currently received special attention from legal theorists (Usuliyyun).
In the present writing, after referring to written sources, the viewpoints raised in this regard have been described, and after analyzing and examining the views and critiquing the evidence, it has been concluded that Azimah and Rukhsah are secondary Taklifi rulings; therefore, they are not included among the well-known Taklifi rulings.
Azimah, Rukhsah, Ibaha, Taklifi ruling, Wad'i ruling, linguistic capture Date received: 21/12/1398; Date accepted: 15/04/1399 PhD student in Theology and Islamic Studies, specializing in Fiqh and Foundations of Islamic Law, Islamic Azad University, North Tehran Branch, Tehran - Iran.
In the view of some, Azimah and Rukhsah are among the Taklifi rulings (see also: Na'ini, 1376, 4/403; Khoei, 1417 AH A, 2/87-86; Ibn Subki, 1402 AH, 1/124-119; Shahid al-Thani, 1416 AH, 45; Iraqi, 1417 AH, 4/99; Mahallawi, 1428 AH, 2/ 140-138; Ansari, 1383, 4/167; Mughniyah, 1975, 365-364; Makki Amili, 1391 AH, 57-56; Tabataba'i Hakim, 1414 AH, 1/90; Hakim, 1418 AH, 68-67; Muhadhdhab, 1356 AH, 18; Rashad, 13 Dey 1395).
In fact, based on the definitions and examples provided, it is evident that Azimah and Rukhsah are two types of rulings that have been established for the mukallaf (obligated person) in secondary states.
Dars Kharij al-Usul (Are Azimah and Rukhsah part of the made-up Wad'i rulings?), Madreseh Faqahat.
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