المكفوفون و أهلية الاختصاص العلمي الشرعي في مسائل (النبوة، التحديث، القضاء)‎ بين النظرية و التطبيق

Abstract EN

This research shows the extent of the legal capacity of the blind in three controversial issues: prophecy, modernization, and justice; By preparing the work of the first topic by defining the concept indicating the loss of sight and mentioning synonymous and related words, then clarifying the position of Islam regarding the loss of sight, as it considered it a great calamity and placed its companions in a special position in the stations of legislation, and with the advent of the verses of legislation issued by describing blindness, which distances - after that - the feeling of censure.

With this description, the research also confirmed that there is no effect of blindness in the severity of intelligence.

Then came the second topic, which is the origin of the topic and has three demands; The first is the issue of the permissibility of losing sight of the prophets, and I have made the focus of the discussion the noble verses that are felt by the prophets and their indications that lead us to the theoretical impermissibility of them; Because it contradicts several rules, the most prominent of which is the perfection of moral prophecy and the need for them to be free of infirmities and observance of other rules, and its failure to them - after that - in practice and application.

In the second, the issue of the permissibility of modernization for the blind was presented, and the discussion revolves around it among the specialists of the hadith scholars who wrote about the science of its term, so that it becomes clear after that that it depends on the conditions of the blind narrator.

Some of them prevented it due to the permissibility of mixing it, and the public permitted it with controls, and it is the most correct.

From the practical side, the research recorded the presence of a number of narrators who were blind.

Then the third demand came to talk about the permissibility of assuming the position of judge for the blind, making the issue revolve between theoretical discourse by mentioning the sayings of the jurists and the people of legal politics and their disagreement on the issue, and it was shown in it that it is permissible for the blind to assume the position, contrary to the opinion of the public - if you secure the prohibitions and find the agents -; And the practical side, which proved that their assumption of the position of the judiciary actually and applied in history, which proves the possibility of overcoming the mentioned prohibitions in the opinion of the public, and thus the statement of permissibility.