نوع مقاله : علمی و پژوهشی
نویسندگان
1 عضو هیئت علمی جامعه المصطفی العالمیه، قم، ایران
2 استاد جامعة المصطفی العالمیه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The obligation of Fazil Diyeh in Qasas of a man against a woman is one of the controversial issues of Shia and Sunni jurisprudence, which has also found its way into the jurisprudence of Fariqin. In the meantime, the exegsis Like Kanzal-Irfan fi Fiqah Al-Quran, Zubadah Al-Bayan, Ahkam Al-Qur'an and Al-Jameh Le Ahkam Al-Qur'an have a special place due to their antiquity. The lack of independent research on the investigation of the mentioned issue makes this research necessary. The article, with a descriptive-analytical and library method, seeks to investigate the viewpoints and arguments of the four commentators mentioned. From the examination of the mentioned issue, it can be found that the common point is the permissibility of men's retaliation and the existence of authentic Qur'anic. The argument of the male issue as well as the argument of not paying Fadel Diyeh from the verses of qisas are considered important points of disagreement.The dual commentators of the Sunnis insist on the reasoning of the mentioned rulings from the general verses of retribution; While the two Shia commentators insist that the verses do not imply the mentioned rulings. The non-existence of general verses of retribution is a valid and important reason to reject the mentioned argument. The theory of rejecting Fazel Diyeh has reliable traditions and has preference over opposing traditions
کلیدواژهها [English]
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