شرط ضمان امين در فقه اماميه

The Proviso of Trustworthy Daman in the Imamiya Jurisprudence

One of the examinable issues is the proviso of trustworthy daman (surety), since in social conventions in many of the credit transactions trustworthy daman is demanded. Thus, it is necessary for such proviso to be legally clarified. Legal views in this respect can be summed up in three categories: First, the view of invalidation of proviso and contract on the basis that the proviso is contrary to the requirements of the contract itself; second, the view of invalidation of proviso for the reason that the proviso of trustworthy daman is contrary to the Qurʹan and the Sunna; third, the view of the validity of the proviso, since there is no reason for the invalidation of such proviso and what is stated concerning the invalidation of the proviso or contract due to the proviso is not reliable.