AN EXAMINATION OF THE RESPONSIBILITIES OF THE TRUSTEE ASSERTED BY SHI'A JURISPRUDENCE AND THE SUBSTANTIVE LAW

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BAGHERI AHMAD; HOJJATI MARYAM

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Paper Information

Journal: Islamic jurisprudence Resaerch Year:2015 | Volume:10 | Issue:4 Page(s): 659-676

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Information Journal Paper

Title

AN EXAMINATION OF THE RESPONSIBILITIES OF THE TRUSTEE ASSERTED BY SHI'A JURISPRUDENCE AND THE SUBSTANTIVE LAW

Author(s)

BAGHERI AHMAD | HOJJATI MARYAM | Issue Writer Certificate

Keywords

TRUSTEEQ2

LIABILITYQ2

RESPONSIBILITYQ2

ENCROACHMENTQ2

NEGLIGENCEQ2

Abstract

Based on the jurisprudential principle of, "the Non-Responsibility of the TRUSTEE", in case the TRUSTEE has not committed any ENCROACHMENT or NEGLIGENCE, he shall not be held liable for any loss to a property [whether total or partial]. This common and general principle is applicable to contracts such as deposits, lending, hiring, agency, mortgage, etc. However, the Islamic jurisprudents believe that in contracts such as lending, it is va lid to hold the TRUSTEE liable. Therefore, in all permissive contracts and the ones in which the possessor has another person's property at his disposal, the questions related to TRUSTEE and trust property are present. The article at hand tries to examine this issue in an intelligible way, so as to attain the scientific basis underlying the subjects related to TRUSTEE and trust property and TRUSTEE's LIABILITY/lack of LIABILITY toward the trust property.

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APA: Copy

BAGHERI, AHMAD, & HOJJATI, MARYAM. (2015). AN EXAMINATION OF THE RESPONSIBILITIES OF THE TRUSTEE ASSERTED BY SHI'A JURISPRUDENCE AND THE SUBSTANTIVE LAW. ISLAMIC JURISPRUDENCE RESEARCH, 10(4), 659-676. SID. https://sid.ir/paper/220940/en

Vancouver: Copy

BAGHERI AHMAD, HOJJATI MARYAM. AN EXAMINATION OF THE RESPONSIBILITIES OF THE TRUSTEE ASSERTED BY SHI'A JURISPRUDENCE AND THE SUBSTANTIVE LAW. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2015;10(4):659-676. Available from: https://sid.ir/paper/220940/en

IEEE: Copy

AHMAD BAGHERI, and MARYAM HOJJATI, “AN EXAMINATION OF THE RESPONSIBILITIES OF THE TRUSTEE ASSERTED BY SHI'A JURISPRUDENCE AND THE SUBSTANTIVE LAW,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 10, no. 4, pp. 659–676, 2015, [Online]. Available: https://sid.ir/paper/220940/en

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