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The Effect of Knowledge and Ignorance on Worships, Transactions and Penal Rulings
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Fatemeh Mahdavi1    , Ali Faghihi 2, Mohammad Mohseni Dehkalani3 |
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- Associate Professor, Department of Jurisprudence and Fundamentals of Law, Faculty of Theology, University of Mazandaran, Babolsar, Iran. |
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Abstract: (607 Views) |
Background and Aim: In transactions, two assumptions can be made, one is the assumption of knowledge about the principles of transactions and the other is the assumption of ignorance. In the field of transactions, the realm of knowledge and ignorance spans a wide range. However, whether in transactions it is based on the knowledge of the parties or in what cases ignorance is considered an excuse and what kind of ignorance can be considered, is of interest to this article. This article also seeks to investigate the role of ignorance in worships and criminal rulings.
Materials and Methods: The research method in this article is descriptive-analytical.
Ethical Considerations: In the present article, the originality of the texts, honesty and fidelity have been observed.
FindingsThe author's findings suggest that the issue of ignorance of the law is one of the rules of public order, and accepting it without good reason disturbs public order. However, jurists have discussed the issue of ignorance in three areas of worship, transactions and criminal liability in detail.
Conclusion: According to jurisprudents, ignorant worships are not correct and are punished, but in the case of forgetfulness about the ruling and the subject, most jurists have absolutely given a fatwa about the authenticity of his actions. In transactions, ignorance is generally accepted. In criminal law, ignorance also eliminates criminal responsibility and punishment. |
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| Keywords: Knowledge, Ignorance, Worship, Transactions, Criminal Liability. |
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Full-Text [PDF 751 kb]
(245 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2021/07/16 | Revised: 2022/05/23 | Accepted: 2021/09/3 | Published: 2021/10/1
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