Title: The rational nature of possession liability rule in non-authoritative possessor responsibility from point of view Islamic law

Authors: Ali Taghipourian; Javad Niknejad; Mehdi Esmaeili

Addresses: Department of Law, Islamic Azad University, Ayatollah Amoli Branch, Amol, Iran ' Department of Private Law, Islamic Azad University, Qaemshahr Branch, Qaemshahr, Iran ' Department of Criminal Law and Criminology, Islamic Azad University, Qaemshahr Branch, Qaemshahr, Iran

Abstract: In the fields of jurisprudence and law, there is a discussion of the rational nature in the process of deduction. Mohammad Ibn Ahmad Sarakhsi, in his book 'Principles of al-Sarakhsi', considers the principles of the law as 'Quran, tradition', and Mohammad Ghazali says in his book "Al-Mustasfa: rational reason appoints the negation of principle", which expresses the fact that there is a rational reason along with three other ones 'Quran, tradition, consensus', of course, as a specific reason and problem. On the other hand, one of the categories of responsibility and liability of people in jurisprudence and law is the rule called 'possession liability rule' which expresses the responsibility and liability of non-authoritative possessor of somebody else's property. This responsibility is complied with both by Shari'a and reason with the legal basis of the law.

Keywords: intellect; usurpation; possession liability; non-authoritative possessor; Islamic Shari'a; Ijtihad; Islamic jurisprudence; deduction; rational reason; hadith; responsibility; officiousness.

DOI: 10.1504/IJHRCS.2020.106524

International Journal of Human Rights and Constitutional Studies, 2020 Vol.7 No.1, pp.15 - 23

Received: 09 Apr 2019
Accepted: 13 May 2019
Published online: 09 Apr 2020 *

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