A social look at the hadith and rule of monarchy with an approach to its practical effects with a parallel approach
Subject Areas : اخلاق و تربیت اسلامی
Abdollah omidifard
1
,
Akbar Najm
2
1 -
2 - Qom University
Keywords: rule of sovereignty, legislative, legal possession,
Abstract :
One of the most famous and widely used rules in jurisprudence is the rule of sovereignty, and its most important reason, along with evidence such as the foundations of reason, verses of the Quran, and specific narrations, is the hadith "People are in control of their property." This hadith and the rule, in turn, are subject to numerous challenges from both anecdotal and interpretative perspectives. In terms of narration, there are two negative and positive approaches to it, and in terms of interpretation, several meanings have been expressed regarding it, including being anecdotal to forging absolute religious authority. Some have also applied this rule to control over the body, and as a result, they have considered it permissible for an individual to sell his body parts; this effect, which is one of the social effects derived from the rule, has also had negative social consequences. This article, which is written in a descriptive-analytical manner and with an approach to adapting to Sunni jurisprudence, seeks to prove the hypothesis that this hadith is a distorted document and, in terms of evidence, merely confirms the owners' possessions of their property within the scope of legal and religious possessions, and this hadith cannot be relied on as a basis for doubting the existence of a condition or a detail in transactions. Finally, by referring to the impermissibility of relying on the rule in controlling oneself and body parts, we refer to the social effects of this type of holding on.