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کاوشی در انگاره‌های تربیتی قاعده احسان | ||
| پژوهشنامه حقوق اسلامی | ||
| مقاله 4، دوره 25، شماره 3 - شماره پیاپی 65، مهر 1403، صفحه 539-566 اصل مقاله (650.64 K) | ||
| نوع مقاله: مقاله پژوهشی | ||
| شناسه دیجیتال (DOI): 10.30497/law.2024.245879.3505 | ||
| نویسندگان | ||
| حمید مسجدسرایی1؛ محمدخالد نبی‌نیا* 2 | ||
| 1استاد، گروه حقوق، دانشکده علوم انسانی، دانشگاه سمنان، سمنان، ایران. | ||
| 2استادیار، گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات و معارف اسلامی، دانشگاه ایلام، ایلام، ایران. | ||
| چکیده | ||
| از مهم‌ترین رسالت‌های تربیت اسلامی در مسیر بسترسازی برای شکوفایی فطرت الهی انسان‌ها، که خیرخواهی و نوع‌دوستی مصداق بارز آن است، پیش‌گیری از ایجاد هرگونه مسئولیت مدنی و ضمان قهری برای افرادی است که به قصد احسان و نیکی به دیگران، مبادرت به انجام عملی نموده‌اند و در اثنای آن عمل، برحسب اتفاق و یا نیاز، باعث ایراد ضرر و زیان به غیر شده‌اند. قاعده فقهی «احسان» که از پشتوانه کتاب و سنت برخوردار است و فقهای شیعه در لابه‌لای کتب ژرف خویش مصادیق متعددی از آن را بیان نموده‌اند، بیانگر همین امر است. نوشتار حاضر با نگاهی نوین، قاعده احسان را ضمن واکاوی ادله آن به مثابه یک قاعده فقه‌تربیتی تبیین نموده است و سپس با احصای ملاک‌ها و معیارهای تربیتی ارزشمندبودن اعمال نیکوکارانه، بازتاب‌های تربیتی آن را در قالب رابطه انسان با انسان مورد مطالعه قرار داده است. وانگهی، تأمل در تطبیقات و دلالت‌های تربیتی قاعده احسان نیز دور از نظر نگارندگان نبوده است. | ||
| کلیدواژه‌ها | ||
| قاعده احسان؛ فقه تربیتی؛ مسئولیت مدنی؛ ضمان قهری | ||
| عنوان مقاله [English] | ||
| A Study on the Educational Perspectives of the Principle of Benevolence [Ehsan] | ||
| نویسندگان [English] | ||
| Hamid Masjed Saraei1؛ Mohammad Khaled Nabi Nia2 | ||
| 1Professor, Department of Law, Faculty of Humanities, Semnan University, Semnan, Iran. | ||
| 2Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ilam University, Ilam, Iran. | ||
| چکیده [English] | ||
| ∴ Introduction ∴ The principle of benevolence, or Ehsan, is a foundational concept in Islamic jurisprudence, which emphasizes altruism, sacrifice, and service to others. Given the social nature of human beings, there is a continuous need for individuals to integrate into the community and engage in mutual assistance. However, this integration often leads to conflicts of interest and potential rights violations due to inherent traits like greed and the pursuit of power. To mitigate such conflicts, laws and principles, including civil liability, are essential in ensuring justice and protecting individuals' rights. Civil liability, or non-consensual liability, holds individuals accountable for any harm they cause to others, requiring them to compensate for the loss. Contrary to the strict application of civil liability, Islamic jurisprudence introduces the principle of benevolence. This principle acknowledges that individuals driven by altruism may inadvertently cause harm while attempting to benefit others. In such scenarios, the primary ruling of non-consensual liability is overlooked, and the principle of benevolence exempts the well-intentioned individual from liability. The increasing complexity of modern societal needs underscores the importance of benevolence and mutual assistance. Promoting a culture of benevolence is vital for educational systems and institutions, and Islamic law has long advocated for this through significant principles like Ehsan. This study aims to provide a comprehensive examination of the principle of benevolence from an educational perspective within Islamic jurisprudence. It seeks to identify the educational criteria and standards that define the value of benevolent acts and document their educational reflections in human relationships as perceived by both Western and Islamic scholars. The study also explores the educational applications and implications of Ehsan, highlighting the roles of educational institutions and media in fostering a culture of benevolence. ∴ Research Question ∴ The central research question guiding this study is: How can the principle of benevolence (Ehsan) be effectively integrated into educational systems to promote a culture of altruism and mutual assistance in contemporary society? To address this overarching question, the study will explore several subsidiary questions, including: What are the jurisprudential foundations of the principle of benevolence in Islamic law? How do educational theories and practices in Islamic jurisprudence define and value acts of benevolence? What are the similarities and differences in the conceptualization of benevolence between Islamic and Western educational perspectives? How can educational institutions, media, and cyberspace contribute to promoting benevolence among different societal segments? ∴ Research Hypothesis ∴ The hypothesis underpinning this research posits that integrating the principle of benevolence into educational systems can significantly enhance social cohesion and mutual assistance. Specifically, the hypothesis can be broken down as follows: The principle of benevolence, rooted in Islamic jurisprudence, offers a robust framework for fostering altruistic behavior and social responsibility. Educational institutions that incorporate the principles of Ehsan into their curricula and culture can effectively instill values of altruism, service, and community engagement in students. Media and cyberspace, when utilized strategically, can amplify the promotion of benevolence and reach a broader audience, thereby reinforcing these values across different societal segments. ∴ Methodology & Framework, if Applicable ∴ The study employs a multi-disciplinary approach, combining jurisprudential analysis with educational theory and practical applications. The methodology involves several key components: Jurisprudential Analysis: A detailed examination of Islamic legal texts and scholarly interpretations to elucidate the principle of benevolence. Comparative analysis with Western legal and educational theories to highlight convergences and divergences. Educational Theory: Exploration of educational theories and principles that align with the concept of benevolence. Identification of criteria and standards used to evaluate the educational value of benevolent acts. Examination of media campaigns and cyberspace initiatives that have promoted altruism and mutual assistance. Interviews and Surveys: Conducting interviews with scholars, educators, and students to gather insights into the practical applications of Ehsan in education. Surveys to assess the impact of benevolence-focused educational programs and media campaigns on students and the general public. Documentary Analysis: Review of educational curricula, media content, and cyberspace materials to evaluate how benevolence is portrayed and promoted. The framework for this study is built upon the integration of these methodologies, providing a comprehensive understanding of the principle of benevolence from both jurisprudential and educational perspectives. This approach allows for a thorough investigation of how Ehsan can be operationalized in contemporary educational systems to foster a culture of altruism and mutual assistance. In summary, the study aims to bridge the gap between jurisprudential principles and educational practices, offering insights into how the principle of benevolence can be effectively integrated into modern educational frameworks. By doing so, it seeks to contribute to the development of a more cohesive and supportive society where mutual assistance and altruism are highly valued and actively promoted. ∴ Results & Discussion ∴ The investigation into the principle of benevolence (Ehsan) from an educational perspective reveals several key findings that underscore its significance and practical applications in contemporary society. These findings demonstrate the profound impact of integrating benevolence into educational frameworks and the broader implications for fostering a culture of altruism and mutual assistance. Key Findings: Intrinsic Value of Benevolence: The study confirms that benevolence holds intrinsic value, deeply rooted in both Islamic jurisprudence and universal ethical principles. This intrinsic value is reflected in the positive moral and spiritual outcomes of benevolent actions, which are emphasized in numerous Quranic verses and Hadiths. The principle of benevolence promotes ethical conduct and moral integrity, which are essential components of a holistic educational system. Altruism and Educational Outcomes: Altruism, as a core component of benevolence, significantly enhances educational outcomes. The presence of altruistic values in educational settings fosters a sense of community, empathy, and social responsibility among students. This is crucial for developing well-rounded individuals who are not only academically proficient but also socially conscious and morally responsible. Worldly and Hereafter Benefits: The dual aspects of benevolence—worldly benefits and advantageous effects in the hereafter—provide a comprehensive framework for understanding its importance. In the worldly context, benevolent actions contribute to social cohesion, mutual support, and overall well-being. The promise of rewards in the hereafter further incentivizes individuals to engage in acts of kindness and service, reinforcing the principle's significance from a spiritual perspective. Addressing Material and Spiritual Needs: Benevolence encompasses addressing both material and spiritual needs. This dual focus ensures that individuals receive holistic support, which is vital for their overall development. Educational programs that incorporate benevolence can address various dimensions of student needs, promoting a balanced and comprehensive approach to education. Negative and Irrational Individualism: The research highlights a concerning trend of negative and irrational individualism among students in educational centers. This individualism, driven by self-interest and personal gain, is contrary to the principles of benevolence and altruism. Addressing this issue requires a concerted effort to cultivate a culture of generosity, cooperation, and mutual support within educational institutions. Role of Media and Cyberspace: The study underscores the pivotal role of media and cyberspace in promoting benevolence. These platforms provide opportunities for the public to engage with and support benevolent initiatives. Educational campaigns leveraging media and cyberspace can reach a wider audience, effectively disseminating the values of altruism and service. Discussion: The principle of benevolence, when integrated into educational systems, offers a transformative approach to developing socially responsible and morally upright individuals. This integration requires a multifaceted strategy that includes curriculum design, educational activities, and the use of media and cyberspace. Curriculum Design: Incorporating benevolence into the curriculum involves designing educational programs that emphasize ethical values, social responsibility, and community service. Courses and activities that promote altruism, empathy, and mutual support can foster a positive educational environment conducive to holistic development. Educational Activities: Engaging students in charitable activities and community service projects is crucial for practical learning. These activities provide hands-on experience in applying benevolent principles, allowing students to witness the tangible impact of their actions on the community. Educational institutions should create opportunities for students to participate in such initiatives, reinforcing the importance of altruism and service. Media and Cyberspace: Leveraging media and cyberspace to promote benevolence can significantly enhance outreach and engagement. Educational campaigns and social media initiatives that highlight stories of benevolence and service can inspire others to follow suit. These platforms can also facilitate discussions and raise awareness about the importance of altruism, creating a supportive community that values and practices benevolence. ∴ Conclusion ∴ Promoting a culture of benevolence and service is not only an educational necessity but also a moral imperative. Islamic law, with its emphasis on the principle of benevolence, provides a robust framework for fostering altruism and mutual assistance. This principle, deeply rooted in ethical and spiritual values, offers significant educational benefits, contributing to the development of well-rounded, socially responsible individuals. Benevolence encompasses both the prevention of harm and the provision of benefit, reflecting a comprehensive approach to human relationships. The educational criteria for valuing benevolence—intrinsic value, altruism, worldly benefits, and hereafter rewards—highlight its multifaceted significance. Addressing both material and spiritual needs ensures holistic support for individuals, promoting balanced development. The study's findings reveal a concerning trend of negative individualism among students, underscoring the need for educational systems to cultivate a culture of generosity and cooperation. This can be achieved through curriculum design, educational activities, and leveraging media and cyberspace to promote benevolence. The principle of benevolence as an educational rule implies that the trainee's selectivity and goodwill are paramount. Acts of benevolence should stem from innate and human nature, free from external compulsion. This principle's implications for educational planning and curriculum design emphasize the scope of good deeds and the necessity of aligning educational practices with human nature. In conclusion, integrating the principle of benevolence into educational systems offers a transformative approach to fostering a culture of altruism and mutual assistance. By promoting ethical values, social responsibility, and community service, educational institutions can develop individuals who are not only academically proficient but also morally upright and socially conscious. This holistic approach ensures that education contributes to the overall well-being of society, creating a more cohesive and supportive community where mutual assistance and altruism are highly valued and actively practiced. | ||
| کلیدواژه‌ها [English] | ||
| Principle of Benevolence, Educational Jurisprudence, Civil Liability, Non-Consensual Liability | ||
| مراجع | ||
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آمار تعداد مشاهده مقاله: 287 تعداد دریافت فایل اصل مقاله: 331 |
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