PRINCIPLE OF CONSTRAINT

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ABDULLAHI ALI BEYK H.

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Journal: JOURNAL OF ISLAMIC STUDIES Year:2004 | Volume:- | Issue:63 Page(s): 83-124

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Information Journal Paper

Title

PRINCIPLE OF CONSTRAINT

Author(s)

ABDULLAHI ALI BEYK H. | Issue Writer Certificate

Keywords

COMPULSIONQ2

CONSTRAINTQ2

LOSSQ2

UNLAWFUL ACTQ4

LAWFUL ACTQ4

DISTRESS AND CONSTRICTIONQ4

PERMISSIBILITY.Q2

Abstract

Constrain is the condition of driven by necessity. The principle of constraint determines the duties of the person constrained. In jurisprudence, it includes a range of activities from cleanness to blood compensation. However, jurisprudents have discussed it mainly with regard to those that can be eaten and drunk, and presented three different interpretations: fear of losing one"s life; fear in general, including fear of losing one"s life, or one"s limb, etc.; and fear of things not related to oneself but to others. The roots of CONSTRAINT are COMPULSION, precautionary concealment, LOSS and necessity. The present article deals with a kind of CONSTRAINT whose source is necessiy. The Qur"an has explicitly excused the person constrained from duties provided that the oppressor shows no inclination to sin. Tradition says that "there is so UNLAWFUL ACT that God Almighty has not made it permissible under CONSTRAINT." The intellect also knows it permissible to give up necessary duties and to do the UNLAWFUL ACTs under CONSTRAINT. Finally, the writer presents the conditions under which the application of the principle of constrain is made permissible.

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APA: Copy

ABDULLAHI ALI BEYK, H.. (2004). PRINCIPLE OF CONSTRAINT. JOURNAL OF ISLAMIC STUDIES, -(63), 83-124. SID. https://sid.ir/paper/29629/en

Vancouver: Copy

ABDULLAHI ALI BEYK H.. PRINCIPLE OF CONSTRAINT. JOURNAL OF ISLAMIC STUDIES[Internet]. 2004;-(63):83-124. Available from: https://sid.ir/paper/29629/en

IEEE: Copy

H. ABDULLAHI ALI BEYK, “PRINCIPLE OF CONSTRAINT,” JOURNAL OF ISLAMIC STUDIES, vol. -, no. 63, pp. 83–124, 2004, [Online]. Available: https://sid.ir/paper/29629/en

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