Examining the rule of Arash from the perspective of Imami jurisprudence

Document Type : Specialized scientific

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Researcher

10.22034/pf2.2023.100168.1005

Abstract

The famous reading of the rule of Arash in the words of jurists is the phrase "Kol Mala Taqdir Le Fafiyy Al Arash". It is located in front of Arsh Diyeh, and naturally with the phrase "All of us are destined for him, all things are destined for Fafiyy al-Diyeh"; Is known. This famous reading of Arash about the Dayat has caused the formation of the mentality of Arash's confrontation with Dayah and the duality of the nature of the two. Based on this point of view, Diyeh is considered as the first ruling and Arash as the second ruling, which was forged in the land of doubt. Also, the most important reason for Arash is consensus. Since consensus is also likely to be a proof, Arash's rule may be considered devoid of a solid Shari'i reason. While a comprehensive review of the views of the jurists in relation to Diyeh and Arsh and their evidences, Arsh is the non-predestined Diyeh and is not different from Diyeh in terms of its nature. The expression "Kol Malat-Qadir Leh Fafiyy Al-Arash" is not the meaning and foundation of the nature of Arsh, but the place of flow and the use of the rule of Arsh. Even assuming the duality of the nature of diya and arsh and not including the evidences of diya on arsh, it must be said that arsh has its own reasons that in addition to the consensus and the way of thinking, one can refer to correct and reliable traditions that indicate arsh in a special way. . Considering the importance of Arash in Islamic criminal law, this article aims to express and explain the proofs of Arash and its relationship with "Diya", which is done by using the library method in data collection, from the descriptive analytical method in this research. has benefited

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