Legal Analysis of the Status of Trusted Person in the State of Abandonment of Negligence
Journal Title: فقه و اصول - Year 2011, Vol 43, Issue 87
Abstract
From the perspective of civil responsibility, the basic principle in domination over another’s property is ḍamān (indemnification) and one of its exceptions is yad al-amīn (lit. trustworthy hand). The trustee is not accountable for the damage or destruction of the property entrusted to him so long as he has not committed any violation or negligence (taqṣīr, tafrīṭ). This article is intended to answer the question as to whether the trustee is acquitted of the ḍamān in the state of negligence in case he would restore his trustworthiness in his undertaking by means of a legal repentance after perpetrating negligence. Given the trusting nature of some specific contracts, this notion takes on great importance, the fruits of which are stressed in the present research. In view of the functional aspect of this legal-judicial issue, it is attempted in this article to broach the three viewpoints of the Imāmī jurists and their arguments and by stating some of the legal propositions influential in ḍamān and amāna (trust), which are effective in solving the problem, critically review all the three arguments, and finally present the answer to the above-mentioned question in respect to the conventional dimension of the issue and the attitude of the intellectuals.
Authors and Affiliations
Mahdī Sha‘BāNī, MuḥAmmad Taqī Fakhla‘ī
Keywords
Related Articles
- EP ID EP183252
- DOI 10.22067/fiqh.v0i0.11096
- Views 113
- Downloads 0
The Theory of Istiṣḥāb as being Amāra and its Legal and Doctrinal Outcomes
One of the most functional reasons in the methodology of Islamic principles and jurisprudence as well as law is istiṣḥāb (presumption of continuity). Istiṣḥāb is judgment on the continuity of what has existed in the past...
The General Rules Governing the Contracts for the Utilization of Literary and Artistic Rights in Iran through Comparative Study in French and Egyptian Law
Law Department, Ferdowsi University of Mashhad The importance of the exploitation contracts protecting the literary and artistic rights has, in some legal systems like France, resulted in the devising of general and comm...
Possibility of Qiṣāṣ (Retaliated Punishment) of Father by the Child in Legal Opinions and Penal Laws
The impossibility of qiṣāṣ of father for murdering the child is unanimously agreed upon by the Imāmī jursprudents; however, presuming that the father does not directly commit murder of the child and the child inherits th...
Elucidation and Study of the Expanse of Appearance and Indication of the Āya on the Permissibility of Polygamy
Since long ago, there have been discourses among the exegetes concerning the indication of the āya on polygamy ﴾If you fear that you may not deal justly with the orphans, then marry [other] women that you like, two, thre...
A Glance at the Impact of Invalid Conditions on a Contract
Although the corrupted condition is not protected by sanctions, there are three beliefs as to whether its corruption (fasād) permeates the contract (‘aqd) or not: theory of fasād, theory of non-permeation of fasād, theor...