مطالعات فقه و حقوق اسلامی (Nov 2023)

Jurisprudential analysis of the provisions of long-term political and economic pacts with infidel countries in order to neutralize sanctions

  • zohrab rusta,
  • Seyed Mahdi Jokar,
  • mansor gharibpoor

DOI
https://doi.org/10.22075/feqh.2022.28184.3355
Journal volume & issue
Vol. 15, no. 32
pp. 249 – 274

Abstract

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Economic sanctions as an economic war have challenged the Islamic system. And the economy is with infidel countries whose political policy is in opposition to the embargoes. The issue at hand is what are the jurisprudential barriers and permissions of these types of agreements and how are they analyzed in dealing with each other? The descriptive-analytical study of this issue shows that the documentation of the permission is strong in the direction of preserving the Islamic system, and it assigns the generality of the upcoming obstacles such as the rule of negation of mustache, negation of the guardianship of infidels and Alaw. Jurisprudential documents, including the rule of urgency, the element of expediency, and maintaining the system, are among the secondary titles of converting the first ruling into the second, which indicate the permissibility and general allocation of obstacles. Also, the rule of repelling corruption from the corrupt, the issue of the conflict between the harmful and the permissibility of taking help from the infidels in war, along with the rule of reason and the construction of reason, indicate the violation of covenants, and it allows the Islamic ruler in terms of government decrees or in the field of "al-Faragh region" to initiate its conclusion.

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