The Rule of Proportionality of Benefit and Responsibility

Document Type : Original Article

Authors
1 دانشجوی دکتری دانشگاه قم و پژوهشگر در پژوهشگاه مرکز فقهی ائمه اطهار ع
2 نوبهار
Abstract
There are some rules and traditions in Islamic law inducing which it is not unlikely that a general rule could be derived under the title of "proportionality of benefits and guarantee". If such a rule is accepted, wherever a guarantee is proved, a proportionate benefit must also be deducted, and also in any case where a benefit is proved for a person, a guarantee must also be deducted.
This paper examines the issue in a critical analytical method using library documents. Examination of the evidence in this regard shows that there are some rules that justify and approve the necessity of establishing such a rule, as its origins.
 According to the evidence, the proportionality rule itself is accredited by Islamic law, as a result, any obligation disregarding the feature mentioned above is legally rejected unless a specific reason permits it, and in cases where the guarantee or benefit is proved, the designation of the instance of benefit and equivalent guarantee requires a legal or rational justification.
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