نوع مقاله : پژوهشی (داوری عادی)
نویسندگان
1 دانشگاه فردوسی
2 گروه فقه دانشگاه قزوین
3 دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Sayfollah Ahadi
Asadollah Lotfi
Muslim Haydari
Abstract
Ma’khuz bissaum is a term meaning that the goods delivered by the customer from the seller for examining their quality and price. Jurisprudents differ on the state of being guarantee for security for Ma’khuz bissaum, so that some of them believe that the customer is not surety for the goods based on the jurisprudential principles of “non-security of the trustful” and “the principle of clearance from obligation”. However, the majority of jurisprudents consider such a person as warrantor by the virtue of “Alalyad rule”, while some others have no idea as they have not any choices among the available indications. Using a descriptive-analytic method and by studying the indications and statements given by scholars and jurisprudents, the authors have investigated jurisprudents’ opinions. It seems that Ma’khuz bissaum leads to giving back the same goods or their alike in spite of having permission from the owner, but such permission does not pledge the security according to the intellectuals’ perception and custom. As seizing the object by the customer is not at his discretion and due to the fact that he has captured the property and based on the “rule for caring and cautioning Muslims’ properties”, the customer is obliged to return the merchandise to the owner.
کلیدواژهها [English]
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