LEGAL EXAMINATION OF ARTISAN’S LIABILITY IN THE EARLY CENTURIES AH

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TAVALLAI A.; HAERI M.H.

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Paper Information

Journal: JOURNAL OF ISLAMIC STUDIES Year:2006 | Volume:- | Issue:73 Page(s): 75-106

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Information Journal Paper

Title

LEGAL EXAMINATION OF ARTISAN’S LIABILITY IN THE EARLY CENTURIES AH

Author(s)

TAVALLAI A. | HAERI M.H. | Issue Writer Certificate

Keywords

LIABILITYQ3

ARTISANQ3

HIRELINGQ3

SHARED HIRELINGQ3

IMAM ‘ALI (A.S.)Q3

PRODIGALITYQ3

CAUSAL INFERENCE (TA‘LĪL)Q2

JURISTIC PREFERENCEQ4

SADD AL-ḌIRĀ‘Q3

Abstract

With the prevalence of ARTISANs' class as an independent social institution, which was well-known in such countries as Iraq and Iran, and their extensive presentation of services, the transactional relation between the ARTISANs and their customers was legalized in the form of “hiring services”. Imam ‘Ali (A.S.)’s view concerning “shared HIRELING”, whose clear referent was the ARTISAN and related to the issue of ḍimān (LIABILITY) and the responsibility resulting from damages done to the merchandise, was the origin of developments in form and content which affected circles of jurisprudence since the early days of its formation up to its expansion period. During later periods, jurists relied on such evidences as “maṣlaḥa” (expediency), “istiḥsān” (juristic preference), “sadd al-ḍarī‘a” (prohibition of evasive legal devices), and “qā‘idat al-itlāf” (prodigality principle) in their legal analysis of this issue. Touching upon numerous traditions remained from 2nd and 3rd centuries AH concerning this issue, the writers of this article first examine the indigenous jurisprudence and jurists’ opinions from around the Islamic world in this period, and then, with a classification of traditions transmitted from the Ahl al-Bayt (A.S.), they try to present an integrated juridical system for these traditions.

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APA: Copy

TAVALLAI, A., & HAERI, M.H.. (2006). LEGAL EXAMINATION OF ARTISAN’S LIABILITY IN THE EARLY CENTURIES AH. JOURNAL OF ISLAMIC STUDIES, -(73), 75-106. SID. https://sid.ir/paper/29592/en

Vancouver: Copy

TAVALLAI A., HAERI M.H.. LEGAL EXAMINATION OF ARTISAN’S LIABILITY IN THE EARLY CENTURIES AH. JOURNAL OF ISLAMIC STUDIES[Internet]. 2006;-(73):75-106. Available from: https://sid.ir/paper/29592/en

IEEE: Copy

A. TAVALLAI, and M.H. HAERI, “LEGAL EXAMINATION OF ARTISAN’S LIABILITY IN THE EARLY CENTURIES AH,” JOURNAL OF ISLAMIC STUDIES, vol. -, no. 73, pp. 75–106, 2006, [Online]. Available: https://sid.ir/paper/29592/en

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