Document Type : Research Paper
Author
Assistant Professor, Department of Allameh Tabataba'i university, Tehran, Iran. Professor of Islamic Seminary - (Jurisprudence and Fundamentals of Islamic Law ) - at Qom, Iran.
Abstract
Shariah duties are defined from a rational point of view within the bounds of the obligee's power. In cases of conflict, the power of the obligee faces a shortcoming, and the obligee faces a weakness in the compliance of one of the two sides of the conflict with respect to the other. If there is importance of one side, it should be based on the correct criteria to prefer that side over the other side. For this purpose, in the science of Usoul the rule of conflict has been drawn. One of the topics that can be caught in such a challenge is the category of bowing to divine rituals, which is considered in the thirty-second verse of Surah Hajj. The divine rites which are mentioned in several verses are defined in different interpretations and adaptations. The author's opinion is a comprehensive title in the story of every matter that reminds the Almighty; including religious rules, Sharia matters and any other issue in this regard. Among the issues that should be evaluated under religious rituals in the challenge of conflict are the establishment of religious gatherings, and religious mourning circles. The present research has achieved the result of preferring to observe the matters of mourning ceremony over the matters of happiness with the usual ijtihad method in Imamiyyah jurisprudence and the library method by examining the contents of the mentioned verse and the opinions of the commentators and the ijtihad practices of the Tazaham rule.
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