Reviewing the impact of abuse and wastage in the lent (trust), a comparative study in Islamic jurisprudence and civil law
Journal Title: فقه و اصول - Year 2016, Vol 48, Issue 104
Abstract
Imamiyah jurists have had different views regarding the rights of the trustee in terms of abuse and wastage in the lent (trust); from the known theory of the claim for damages not being associated with the abuses and wastage on the basis of the generalities of the ‘on the hand’ rule to the theory of the relationship between fault and damage according to the general rules of liability and istīmān. Awareness to this issue will not be possible except through an investigation of the background and knowledge of the jurisprudential fundamentals of the known view among the jurists with regard to a lack of relationship between a claim for damages and abuse and wastage. Therefore, it is aimed in this paper to examine the conditions of the trustee in connection with the abuses and wastage first in Imamiyah jurisprudence and then in Iranian law. In this study, it is shown that the views of those jurists who consider as possible the domain of the trustee’s responsibility in terms of the involvement of a causal relationship with the abuses and wastage are more compatible with the ownership and possessive authority of the owner on his own property and the logical foundation stemming from istīmān rule.
Authors and Affiliations
Mostafa Karbalaee Aghazadeh, Reza Daryaee
Keywords
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- EP ID EP190677
- DOI 10.22067/fiqh.v48i24.21066
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