LIEN

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BAQIRI A.; SADIQ S.M.

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC STUDIES Year:2005 | Volume:- | Issue:67 Page(s): 81-154

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Information Journal Paper

Title

LIEN

Author(s)

BAQIRI A. | SADIQ S.M. | Issue Writer Certificate

Keywords

HABS (LIEN)

RIGHT

BAY" (SALE)

BARTER CONTRACT

"AYN (OBJECT)

BENEFIT

ABSTENTION

QABD (SEIZING)

IQBAD (GRANTING)

SURRENDER

TAMLIK (TRANSFER OF PROPERTY)

"IWA (EQUIVALENT)

MU"AWWAD (COMPENSATION).

Abstract

Fulfillment of any contract undoubtedly creates commitments and duties as well as RIGHTs and privileges for the parties. Lien (haq al-habs) is among the RIGHTs that are often brought about in barter dealings. It may be conjectured at first glance that this is merely a judiciary term used in various juridical schools; whereas, it has since long been brought up and reviewed in detail among jurists (Fuqaha") In this paper, besides extracting and codifying the main issues in relation to lien from among the written works of the jurists, which are scattered among the legal texts, the wrong notions such as the generalization of its theme to any ABSTENTION, its exclusiveness in sale contracts, and even the necessity of its being bilateral have been criticized and reviewed. The research pursued in this paper may resolve the ambiguity and brevity existing in the single article regarding lien, and paves the ground for amending the law and possibly adding other articles to it in order to eliminate the existing insufficiencies.

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APA: Copy

BAQIRI, A., & SADIQ, S.M.. (2005). LIEN. JOURNAL OF ISLAMIC STUDIES, -(67), 81-154. SID. https://sid.ir/paper/530411/en

Vancouver: Copy

BAQIRI A., SADIQ S.M.. LIEN. JOURNAL OF ISLAMIC STUDIES[Internet]. 2005;-(67):81-154. Available from: https://sid.ir/paper/530411/en

IEEE: Copy

A. BAQIRI, and S.M. SADIQ, “LIEN,” JOURNAL OF ISLAMIC STUDIES, vol. -, no. 67, pp. 81–154, 2005, [Online]. Available: https://sid.ir/paper/530411/en

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