THE RULE OF PRESUMPTION OF POSSESSION AND LIABILITY FOR BENEFITS

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BAGHERI AHMAD; ALIABADI A.; JAVADI M.H.

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Paper Information

Journal: MAQALAT WA BARRASIHA Year:2006 | Volume:39 | Issue:80 (FIQH AND THE FUNDAMENTS OF ISLAMIC JURISPRUENCE) Page(s): 59-80

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Information Journal Paper

Title

THE RULE OF PRESUMPTION OF POSSESSION AND LIABILITY FOR BENEFITS

Author(s)

BAGHERI AHMAD | ALIABADI A. | JAVADI M.H. | Issue Writer Certificate

Keywords

LIABILITYQ4

BENEFITQ3

POSSESSIONQ3

AUTHORITY TO POSSESSQ3

TORTQ3

USED AND UNUSED BENEFITSQ3

Abstract

The rule of LIABILITY presumption (tort) for POSSESSION is based on a tradition from the Holy Prophet of Islam and is acknowledged by the majority of Islamic jurists from all sects of Islam. According to this rule, anyone who receives another person's property in any capacity would be liable to return this property or compensate the owner if the property has been lost or destroyed unintentionally; and if it is damaged to rectify the damage. This is a general rule and could include any possible BENEFIT derived from the property. In this paper, we have tried to argue and analyze this rule and examine whether it should be extended to include lost BENEFITs too. This elaboration could have important practical implications and could solve some practical problems.

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APA: Copy

BAGHERI, AHMAD, ALIABADI, A., & JAVADI, M.H.. (2006). THE RULE OF PRESUMPTION OF POSSESSION AND LIABILITY FOR BENEFITS. MAQALAT WA BARRASIHA, 39(80 (FIQH AND THE FUNDAMENTS OF ISLAMIC JURISPRUENCE)), 59-80. SID. https://sid.ir/paper/13736/en

Vancouver: Copy

BAGHERI AHMAD, ALIABADI A., JAVADI M.H.. THE RULE OF PRESUMPTION OF POSSESSION AND LIABILITY FOR BENEFITS. MAQALAT WA BARRASIHA[Internet]. 2006;39(80 (FIQH AND THE FUNDAMENTS OF ISLAMIC JURISPRUENCE)):59-80. Available from: https://sid.ir/paper/13736/en

IEEE: Copy

AHMAD BAGHERI, A. ALIABADI, and M.H. JAVADI, “THE RULE OF PRESUMPTION OF POSSESSION AND LIABILITY FOR BENEFITS,” MAQALAT WA BARRASIHA, vol. 39, no. 80 (FIQH AND THE FUNDAMENTS OF ISLAMIC JURISPRUENCE), pp. 59–80, 2006, [Online]. Available: https://sid.ir/paper/13736/en

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