TAQAS IN GOVERNMENT-OWNED PROPERTY

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QARAMALEKI ALI MAZHAR; AFSHARI ALI ASGHAR

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2017 | Volume:13 | Issue:46 Page(s): 49-68

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Information Journal Paper

Title

TAQAS IN GOVERNMENT-OWNED PROPERTY

Author(s)

QARAMALEKI ALI MAZHAR | AFSHARI ALI ASGHAR | Issue Writer Certificate

Keywords

TAQASQ1

GOVERNMENT-OWNED PROPERTYQ2

PUBLIC TREASURYQ2

ISLAMIC STATEQ1

Abstract

Although TAQAS (Offset of debts) is an undisputed precept of Imamiyah jurisprudence and there is no dispute over permissibility of setting off debts from natural persons' property by taking the debtor's property -who denies to pay off his debt- without his permission, the issue is to set off debts from GOVERNMENT-OWNED PROPERTY, i.e. is it permissible for natural persons to set off debts from legal persons' property? In spite of the importance of the issue, Imamiyah jurists have not discussed the matter except some hints given in margins of some chapters; or in response to some requests for judicial opinion from Imam Khomeini and some other contemporary scholars. After mentioning the viewpoints in this regard, this paper states the reasons of permissibility of TAQAS from GOVERNMENT-OWNED PROPERTY and discusses them to evaluate the possible objections supporting the impermissibility view and finally according to Sahiha of Davoud Ibn Razin and concerning generality and absoluteness of some other reasons of TAQAS consisting of Quranic verses and narrations, it deduces that under some conditions, it is permissible to set off debts from GOVERNMENT-OWNED PROPERTY.

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APA: Copy

QARAMALEKI, ALI MAZHAR, & AFSHARI, ALI ASGHAR. (2017). TAQAS IN GOVERNMENT-OWNED PROPERTY. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 13(46), 49-68. SID. https://sid.ir/paper/134269/en

Vancouver: Copy

QARAMALEKI ALI MAZHAR, AFSHARI ALI ASGHAR. TAQAS IN GOVERNMENT-OWNED PROPERTY. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2017;13(46):49-68. Available from: https://sid.ir/paper/134269/en

IEEE: Copy

ALI MAZHAR QARAMALEKI, and ALI ASGHAR AFSHARI, “TAQAS IN GOVERNMENT-OWNED PROPERTY,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 13, no. 46, pp. 49–68, 2017, [Online]. Available: https://sid.ir/paper/134269/en

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