Title of article :
Application of Qa ida Al-Kharaj Bal Daman (the Warranty Rule) in the Chapters of Islamic Jurisprudence and Law
Author/Authors :
Hassanpoor ، Davood Department of Law - Faculty of Law - Shahid Motahari University
Abstract :
One of the most important and practical rules in the field of fiqah and Islamic law is the rule of Al-Kharaj Bal Daman . It means that any person who loses property belongs to him, the benefits of that property also belong to him. Narratives, fatwa fame, induction, and the concentration of rational people is one of the reasons for the validity of this rule. There are different opinions about the meaning and scope of this rule. It has been stated by the jurists of different religions that the consensus of opinion in their opinions leads to the conclusion that any person. The guarantee with the property is under his responsibility, provided that it is accompanied by the approval of Shari ah, the benefits of that property belong to him. In this case, the scope of the rule includes correct contracts and even incidents, but It does not include usurpation and corrupt contracts. In this article, in a descriptive and analytical way, the issues of comparative study between the views of Islamic religions were studied. This article briefly showed us what opinions are around the rule in each religion. Al-Kharaj Bal Daman has existed and definitely, such comparative studies have a great impact on the unity of religions.
Keywords :
Abscess , Guarantee , Jurisprudence , Connected Benefits , Separate Benefits
Journal title :
International Journal of Multicultural and Multireligious Understanding
Journal title :
International Journal of Multicultural and Multireligious Understanding