كليدواژه :
عقد معاوضي , منفعت , قبض , habs (lien) , اقباض , ʹayn (object) , معوض , bay ʹ(sale) , حقوق اسلامي , surrender , حق حبس , tamlik (transfer oF property) , فقه , iwad(equivalent) , تمليك , benefit , بيع , muʹawwad (compensation) , تسليم , Right , iqbad (granting) , عوض , barter contract , امتناع , qabd (seizing) , abstention
چكيده لاتين :
Fulfillment of any contract undoubtedly creates commitments and duties as well as rights and privileges for the parties. Lien (haq al-habs) is among the rights that arc often brought about in barter dealings. It may be conjectured at first glance that this is merely a judiciary term used in various juridical schools; whereas, it has since long been brought up and reviewed in detail among jurists (Fuqaha)
In this paper, besides extracting and codifying the main issues in relation to lien from among the written works of the jurists, which are scattered among the legal texts, the wrong notions such as the generalization of its theme to any abstention, its exclusiveness in sale contracts, and even the necessity of its being bilateral have been criticized and reviewed. The research pursued in this paper may resolve the ambiguity and brevity existing in the single article regarding lien, and paves the ground for amending the law and possibly adding other articles to it in order to eliminate the existing insufficiencies.
