مطالعات فقه و حقوق اسلامی (Aug 2010)

Examining the possibility of considering intent of the object order subjugation

  • A Momeni,
  • E. Javanmard

DOI
https://doi.org/10.22075/feqh.2017.1857
Journal volume & issue
Vol. 2, no. 2
pp. 153 – 167

Abstract

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Abstract This paper attempts to examine multilaterally the possibility of considering intent of the object order subjugation, and whether it is basically possible for religious lawgiver to consider this quality into his reason language and order object? Intent of the order subjugation means that the motive of the obliged is to observe the obligatory rule just for subjugating the divine order and intent of telo is done due to master's order. Generally opinions of ulama maintains its essential impossibility and know no possible credit for that requirement as lawgiving and/or ordering related to master in contract. Some other maintains impossibility related to obliged subjugation on the behalf of the servant. While one can escape from difficulties resulting Ulama's maintenance to its essential impossibility or otherwise and proves possibility of intent of order subjugation in object.

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