Relationship between the rule of Nafye-Sabil and the general reasons for the Lozoume-Beie and Vafye-Ahd with the approach of the position of domestic production and economic growth in jurisprudence

Articles in Press

Document Type : Original Article

Authors

1 PhD student in Jurisprudence and Islamic Law Basics, Faculty of Theology, Islamic Azad University, Mashhad, Iran.

2 Assistant Professor. Jurisprudence and Islamic Law Basics Department, Faculty of Theology, Islamic Azad University, Mashhad, Iran.

10.48300/jlr.2024.307152.1792

Abstract

Regarding the relationship between the rule Nafye-Sabil and the rule of Lozoume-Beie and Vafye-Ahd, different answers have been proposed in terms of different principles. No conflict, the priority of fulfilling the obligation and reign of the rule Nafye-Sabil over other rules are among the most important views in this regard. The interpretive role of the reason for Nafye-Sabil requires priority and its superiority. Recognition of the realization of the Nafye-Sabil depends on criteria such as ownership, abasement, hardship and the crystallization of its symbol in the cultural, political, economic and military fields in terms of time and place, and in conflict with more important benefits is allocable. Fulfilling the obligations contained in government contracts with other countries with recognizing a special custom is given priority especially in order to increase the level of domestic production and accelerate economic growth in the form of participation in production and Mudaraba, and does not create property rights for the contracting party.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 21 April 2024

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