Explaining the Rule of Precedence of the Rights of ‎People Over the Rights of God from the Passage of Induction from the Perspective of Shahid Sadr

Articles in Press

Document Type : Original Article

Authors

Saideh Edalati ¹

Sayed Mohammad Sadegh Mousavi ²

¹ Graduated from the PhD program in Jurisprudence and Criminal Law, Shahid Motahari University, Tehran, Iran.

² Associate Professor, Department of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran

10.22067/jfiqh.2025.91867.1912

Abstract

Presenting a jurisprudential theory and rule in various fields requires that the subject in question and its entirety be substantiated and documented by definitive and certain evidence or a presumption based on religious authority.

In the issue of the conflict between the rights of God and the rights of people and the provision of a rule-based solution for it, the present study, by selecting the reason for induction from among the evidential, verbal and inductive evidence, has collected examples of the precedence of the rights of people over the rights of God in the main branches of jurisprudence, including acts of worship, transactions and penalties, in three aspects of individual, group and general rights of people. Inability to perform, occurrence of hardship, unusual harm and basically harm, Taqiyah, compulsion, necessity and in general gratitude and secondary situation are the common situation of all instances of the precedence of the rights of people over the rights of God.

The present research is a fundamental and, of course, applied research that, relying on the descriptive-analytical method and through library studies, has explained and elaborated on its desired goal, namely the rule of precedence of the rights of people over the rights of God.

Keywords

Rights of God

rights of the people

conflict between the rights of God and the rights of the people

priority of the more important over the important

priority of the rights of the people over the rights of God

principle of the priority of the rights of the people over the rights of God

Subjects

• Principles of jurisprudence

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