كليدواژه :
حقوق اسلامي , عدم النفع , مذهب , حقوق , recieving , فوت , liability , تفريت , non - profit , usurpation , ضمان , Benefits , استيفاء , property , the cause of loss , غصب , LOSS , فقه , مال ها
چكيده لاتين :
The issue of adam. al naf (non - profit) is one of the important issues of jurisprudence and Islamic law and today it can hell) t solve many of juridical problems. The common view of shii and sunni scholars is that non - profit cannot lead to liability. This article is an attempt to examine the definition of usurpation as put forward by muslin jurisprudents and showed that their views and definition of usurpation had a direct effect on development of this well-known view. On the basis of the definition that guadually become popular among jurisprudents concerning usurpation since fifth century (A.H) onward no one considers non - profit as the extension ofʹ usurpation and liable. While according to the author of jawahir, basically usurpation laiks religious or fighi concept and definition and there is no need to try to find such concept in religious law. Thus fuqahaʹs religious or fiqhi definition a part from usurpation lacks religious basis and does not entail commitment. Therefore, return to the common and literal definition is the logical solusion of this problem, as the author of jawahir also stated this. This return is taking place slowly and parallel to such change the views and precepts of jurisprudents concerning non - profit are in a state of change.
