THE INCLUSION OF NON-CORPOREAL HARDSHIPS IN THE PRINCIPLE OF ‘NO HARDSHIP’ AND ITS JURISPRUDENTIAL CONSEQUENCES

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SHAHINFARD KHATEREH; NAZARI TAVAKKOLI SAEID; OMANI SAMANI REZA; ABEDINI AHMAD

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Journal: Medical Figh Year:2016 | Volume:8 | Issue:26-27 Page(s): 225-261

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Title

THE INCLUSION OF NON-CORPOREAL HARDSHIPS IN THE PRINCIPLE OF ‘NO HARDSHIP’ AND ITS JURISPRUDENTIAL CONSEQUENCES

Author(s)

SHAHINFARD KHATEREH | NAZARI TAVAKKOLI SAEID | OMANI SAMANI REZA | ABEDINI AHMAD | Issue Writer Certificate

Keywords

HARDSHIPQ2

DISTRESSQ2

CORPOREAL HARDSHIPQ2

NON-CORPOREAL HARDSHIPQ2

NO HARDSHIPQ2

NEGATION OF DISTRESS AND CONSTRICTIONQ2

Abstract

The principle of ‘no HARDSHIP’ (la haraj) is one of the most important jurisprudential rules applied in different areas of jurisprudence including acts of worship, transactions and politics. As per this rule, there is not any rule among divine laws which may involve undue HARDSHIP or may cause the duty-bound [mukallaf] to undergo suffering and constriction. Should the duty-bound face any HARDSHIP performing one of the divine laws, it is no longer necessary for him to perform it. He is not to blame. There are different manifestations for DISTRESS and constriction or HARDSHIP. Given the fact that the damages resulting from non-corporeal HARDSHIPs and constrictions in the present society are not less than physical damages and they may perhaps be even be more intolerable causing the individual irreparable damages, recourse can be taken to the principle of ‘no HARDSHIP’ to resolve such dilemmas. HARDSHIP can, therefore, be divided into corporeal and non-corporeal. Although jurisprudents have not made any reference to such classifications, considering the manifestations of HARDSHIPs and constrictions mentioned in their works it can be said that the principle of ‘no HARDSHIP’ applies not only to the corporeal HARDSHIP but also non-corporeal HARDSHIPs such as psychological-mental HARDSHIPs, social HARDSHIP, economic HARDSHIP, honor-related HARDSHIP and so forth.

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APA: Copy

SHAHINFARD, KHATEREH, NAZARI TAVAKKOLI, SAEID, OMANI SAMANI, REZA, & ABEDINI, AHMAD. (2016). THE INCLUSION OF NON-CORPOREAL HARDSHIPS IN THE PRINCIPLE OF ‘NO HARDSHIP’ AND ITS JURISPRUDENTIAL CONSEQUENCES. MEDICAL FIGH QUARTERLY, 8(26-27 ), 225-261. SID. https://sid.ir/paper/195144/en

Vancouver: Copy

SHAHINFARD KHATEREH, NAZARI TAVAKKOLI SAEID, OMANI SAMANI REZA, ABEDINI AHMAD. THE INCLUSION OF NON-CORPOREAL HARDSHIPS IN THE PRINCIPLE OF ‘NO HARDSHIP’ AND ITS JURISPRUDENTIAL CONSEQUENCES. MEDICAL FIGH QUARTERLY[Internet]. 2016;8(26-27 ):225-261. Available from: https://sid.ir/paper/195144/en

IEEE: Copy

KHATEREH SHAHINFARD, SAEID NAZARI TAVAKKOLI, REZA OMANI SAMANI, and AHMAD ABEDINI, “THE INCLUSION OF NON-CORPOREAL HARDSHIPS IN THE PRINCIPLE OF ‘NO HARDSHIP’ AND ITS JURISPRUDENTIAL CONSEQUENCES,” MEDICAL FIGH QUARTERLY, vol. 8, no. 26-27 , pp. 225–261, 2016, [Online]. Available: https://sid.ir/paper/195144/en

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