Survey of generalizing the year of famine to the level of underdevelopment of the area where the thief resides in order to eliminate amputation of the thief's hand with emphasis on Imami jurisprudence.

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 06 April 2024   

Document Type: Original Article

DOI: 10.22067/jfiqh.2024.85487.1693

Authors

Mahmood Beheshti Far^{* 1}; Abasali Soltani^{* 2}; Mohammad Hasan Haeri^{* 3}

¹PhD student of Fiqh and Fundamentals of Islamic Law at Ferdowsi University of Mashhad

²Associate Professor of Ferdowsi University of Mashhad

³Professor at Ferdowsi University of Mashhad

Abstract

The implementation of divine limits is necessary and important due to its effect in preventing anomalies and the spread of crime, but if they are implemented without considering the favorable conditions and the economic, social, political and cultural background of their issuance, it will cause irreparable material and spiritual damage to individuals and It provides the causes of violation of Sharia. This basic research was done with descriptive analytical method and using the tools of social interpretation of religious texts, the basic rule of abolition of character and the rule of repulsion. Can it be extended to the time of economic underdevelopment of the thief's residence? B- What are the criteria for identifying the year of famine and economic underdevelopment of the regions? And how is the quality of the generalization and the similarity between the two? The findings of the research showed that the year of famine can be generalized to the time of economic underdevelopment of the thief's residence, and the criterion for its diagnosis is the opinion of an economic expert.

Keywords

Limit of theft; year of famine; economic underdevelopment; social interpretation of religious texts; elimination of character; rule of disposal

References