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Reviewing the Rule of “Requiring Doing the Work by the Ruler”
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Seyed Ghafour Elahian1   , Mohammad Ali Kheirollahi  2, Ali Faghihi3 |
1- PhD Student, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran.
2- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran. (Corresponding Author)
3- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran. |
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Abstract: (817 Views) |
Background and Aim: This rule is one of the famous rules of jurisprudence that has been imposed in order to ensure the interests of society and prevent the chaos and instability of society and to organize the social and cultural conditions of the people.
Materials and Methods: This article is a descriptive-analytical one.
Ethical Considerations All ethical considerations in writing this article have been observed.
Findings: The implication of this rule is that whenever a person refuses to exercise the rights of others or performs his duties, the judge may force the committed to do so, but if a committed compulsion is not possible, the judge may do so as a committed deputy. Therefore, if the debte refuses to pay his debts, the creditor may demand the obligation of the ruler to pay the debt, in which case the judge will force the debt to pay the debt to prevent the inadmissibility of the debt. The sources of this jurisprudential rule are: Quran, hadiths, Reason, consensus, proportionality of judgment and subject matter, public interests and other jurisprudential rules such as La Zarar.
Conclusion: This rule is very important in the system of people's life and social relations, and its absence destroys the social order in the field of transactions and rulings of worship and social.
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| Keywords: Ruler, Refuse, Requirement, Jurisprudential Rule. |
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Full-Text [PDF 1116 kb]
(324 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2021/08/3 | Revised: 2021/11/26 | Accepted: 2021/12/6 | Published: 2022/01/1
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