نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
One of the most important duties of a jurist is to investigate the general jurisprudential rules (Al-Qawā‘id al-Fiqhiyyah) that are employed in numerous specific issues and in the derivation of legal rulings. These rules serve as guiding principles in resolving many problems, and in the case of newly emergent issues (Masā’il Mustaḥdathah) for which no specific textual evidence (Naṣṣ) exists, the jurist relies on them to issue fatwas. The jurisprudence of tourism is one such example of these novel and emerging issues. This study, employing a descriptive-analytical method, examines the jurisprudential rules of tourism as articulated in the Imamiyyah denomination and the four Sunni denominations of jurisprudence, along with the evidence substantiating them. The findings indicate the efficacy of jurisprudential rules in the fatwas of Imamiyyah jurists and the muftis of Islamic denominations. Furthermore, by mastering these jurisprudential rules, one can derive the rulings on newly emergent issues. To this end, the study first addresses important jurisprudential rules in the Imamiyyah denomination—such as the rule of negation of dominion (Qā‘idat Nafy al-Sabīl), the rule of possession (Qā‘idat al-Yad), and others—along with their supporting evidence from the Qur’an, Sunnah, reason, and consensus (Ijmā‘). Subsequently, rules from the perspective of the four Sunni denominations are elucidated. In the present study, the various views of Imamiyyah jurists and Sunni muftis have been collected without weighing them against one another, with the aim of highlighting points of commonality on the subject of tourism as a subsidiary issue. Additionally, the common instances found therein have been examined within the framework of civil law and constitutional law.
کلیدواژهها English
