A Research on the Veraciousness of an Act Done under Hardship

Document Type : Research Paper

Authors

1 Ph.D. Student of Jurisprudence and Essentials of Islamic Law, Ferdowsi University of Mashhad

2 Associate Professor of faculty of theology and Islamic studies- Ferdowsi University of Mashhad.

Abstract

Among concepts influencing jurist’s verdicts notably are
harm and hardship. What is for certain is that doing a
harmful act is null and void. However, there is a
disagreement among jurists as to veraciousness of an act
done under hardship. Comparing it with harmful acts,
some believe in its annulment. Some other arguments are
presented for annulment, but all of them suffer from some
problems. Criticizing proofs of those who believe in
annulment of acts done under hardship and treating them
as inadequate on the one hand and relying on jurists’
argumentations and intellectual confirmation on the other,
the present essay intends to prove veraciousness of acts
done under hardship and present criterion in this
connection.

Keywords