نوع مقاله : مقاله پژوهشی
استادیار دانشکده فقه و فلسفه پردیس قم دانشگاه تهران
عنوان مقاله [English]
The discussion about "the nature of the right" in jurisprudence is one of the fundamental subjects in the deduction which its understanding bases many laws and regulations which are deduced from reasons concerning the rights; and in this case until now, several theories have been presented in terms of the importance of this subject; but the question is that have these efforts led to a perfect and accurate theory and met the expectations of the scholars and experts in the field of the Islamic jurisprudence appropriately or not?
This article has criticized the theory of "the fundamental reign" with its different ways and the theory of "the ownership and the worthiness" brought up by some of jurisprudents, and has regarded the theory of "the creditability of the right" considering the elements influenced on the right and its credit as a common point.