Document Type : Original Article
Authors
1 Director of Legal Aid at Qom Seminary
2 Jurisprudence and Judicial Law Group of the Al-Mustafa Al-Alamiyah Community
Abstract
The rule of Dara is a well-known jurisprudential rule that has been cited by jurists in various branches of jurisprudence. This rule was legislated to exempt the accused from punishment in terms of limits, but it can also have educational points; because the subject of the rule of Dara is that whenever there is doubt in attributing a crime to the accused, the accused is cleared of charges by citing the rule of Dara; the subject of the rule of pain is very close to the sanctity of suspicion and avoidance of suspicion. The present study, based on the analytical-descriptive research method and based on a library study, has examined this issue with the aim of comparing jurisprudence, law, and education; the results of the study show that exempting the accused from punishment through the rule of Dara overlaps with the sanctity of suspicion; because the evidence of the rule of Dara and the sanctity of suspicion warns people from accusing and suspecting others simply on suspicion and suspicion.
Keywords
Main Subjects
2. Bojnourdi, Seyyed Mohammad, Rules of Jurisprudence, First Edition, Majd Publications.
3. Bahr al-Uloom Tabatabaei, Seyyed Mohammad Mahdi, Al-Fawaed al-Ha'iriyyah, First Edition, Maktaba al-Sadiq Publications.
4. Jafari-Langroudi, Mohammad Jafar, Legal Terminology, Tehran: Ganj Danesh.
5. Haji Dehabadi, Ahmad, Textbook of Rules of Criminal Jurisprudence, Seminary and University Research Center, Third Edition.
6. Hurr Ameli, Mohammad Hassan, Means of the Shia to Learn Sharia Issues, First Edition, Al-Bayt Institute.
7. Heli, Mohammad Ibn Idris, Al-Sara'er al-Ahad for Tahrir al-Fatawa, Second Edition, Islamic Publications Office of the Qom Seminary Teachers' Association.
8. Daylami, Hassan bin Muhammad, Aalam al-Din fi sifat al-Mu'minin, Qom: Al-Bayt Foundation.
9. Raghib Isfahani, Hussein bin Muhammad, Al-Mufradat fi Gharib al-Quran, first edition, Beirut, Dar al-Ilm al-Dar al-Shamiya Publishing House.
10. Tabatabaei Ha'iri, Ali bin Muhammad, Riyadh al-Masayil fi Bayan ahkam al-Shari'ah bi'l-Dala'il, Qom: Islamic Publishing House.
11. Ameli, Zayn al-Din bin Ali, Ghayat al-Murad, Islamic Publishing House, Qom, second edition.
12. Farahidi, Khalil, Kitab al-Ayn, Al-Hijrah Publishing House, second edition.
13. Qiblai Khoei, Khalil, Rules of Jurisprudence of Punishment, first edition, Samat Publishing House.
14. Qummi, Muhammad bin Ali bin Babawayh, Min la-Ihazrah al-Faqih, second edition, Islamic Publishing House.
15. Muttaqi Hindi, Ala al-Din Ali ibn Hussam, Kanz al-Amal fi Sunan al-Aqwal wa al-Af’al, Beirut, Dar al-Kutb al-Ilmiyah.
16. Majlisi, Muhammad Baqir, Bihar al-Anwar, 3rd edition, Tehran, Islamiyya Bookstore Publications.
17. Mohaqeq Hili, Ja’far ibn Hassan, Sharay’ al-Islam fi Mas’il al-Halal wa’l-Haram, 2nd edition, Ismailiyya Institute Publications.
18. Mohaqeq Damad, Seyyed Mustafa, Rules of Jurisprudence, Criminal Section, Tehran, Islamic Sciences Publishing House, 12th edition.
19. Mahmoudi, Firuz, The Rule of Dara’ and Its Application to the Interpretation of Doubt in Favor of the Accused in the Laws of the Subject, Imam Sadiq University Research Quarterly, No. 9.
20. Maghrib, Nu’man ibn Muhammad, Da’am al-Islam, Qom, Islamic Publications, 1st edition.
21. Makarem Shirazi, Nasser and others, Exemplar Tafsir. Qom, Amir al-Mu’minin School, first edition.
22. Makarem Shirazi, Nasser, Jurisprudential Rules, Qom, Amir al-Mu’minin School, third edition.
23. Mousavi, Khoei, Sayyid Abul-Qasim, Principles of Completing the Curriculum, third edition, Qom, Imam Khoei Publications.
24. Najafi, Mohammad Hassan, Jawaher al-Kalam, Qom: Darahiya al-Turaht al-Arabiya, second edition.
25. Naraqi, Mohammad Mahdi. Jame’ al-Saadat, translated by Seyyed Jalal al-Din Mojtabawi, Tehran, Hekmat Publications, fourth edition.
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