نوع المستند : المقالة الأصلية
المؤلف
کلية البنات الازهرية بطيية الجديدة
المستخلص
عنوان المقالة [English]
المؤلف [English]
The Fundamentalists’ Explanation of The effects of Compulsion on Accountability
Preface
A compulsion is a condition of a certain necessity. Islamic Sharia has imposedspecific exceptional rules on it, putting into consideration the burden and the condition of the individual as a result of compulsion; thereforeit has subsequently removed the related retribution, out of mercy.
Nevertheless, many individuals have used this ‘mercy’improperly as ajustification for many of their deeds, arguing/ claiming they are under specific pressure, to eventually evade the Sharia punishment/ retribution.
And hence comes the importance of this topic; to disclose the Islamic regulations governing the conditions of “compulsion”, in order to release the correctdecision, whether the Adult Muslim is really and truly under unavoidable/ inevitable state of pressure or not in a specific situation, and whether the punishment/ retribution, in his/ her condition, righteous or not, and also what are the actions required when the compulsion is lifted up.
My research methodology is to explain the general concept of the state of compulsion, and the meaning of ‘legal accountability’, and what variables may annul the accountability in specific situations. Also, I aim at explaining the legal meaning of ‘compulsion’, its pillars, conditions, divisions, and where the Islamic Scholars have agreed, ordisagreed, and the effect of compulsion on the acts of devotions (Worshipping), and between the people, and on Islamic prescribed penalties from a fundamentalist’ point of view, and in comparison with other points of view in this regard;finally, I shall demonstrate the results in the conclusions part.
This topic was deliberated by the “Ahnaf” scholars of ‘The Islamic principles of Jurisprudence’, despite the fact it falls under the general ‘Islamic Jurisprudence’ branch. Nevertheless, sciences integrate, not disintegrate, and this is the main reason I wanted to write in this topic. I implore the almighty God, the All Hearing, The Answerer, to make it for the best interests, he is the All Dominant, he is the Almighty, and the Defender.