The rule of "expulsion with guarantee" and the civil liability of the government, according to the views of Imam Khomeini

Subject Areas : Nameh Elahiyat

Fariba Qanbarian Zadeh Mahabadi ¹ , Sayyed Muhammad Musawi Bujnurdi ²

1 - Graduated from the Islamic Azad University, North Tehran Branch
2 - Retired professor of Islamic Azad University, North Tehran Branch

Received: 2021-01-24 Accepted : 2021-01-24 Published : 2020-03-20

Keywords: tax, Government, Civil liability, Government decree, Guarantee tribute,

Abstract :

The rule of expulsion with guarantee is one of the prophetic rules; The meaning of this noble hadith which is narrated from the Holy Prophet (PBUH); It means that: benefits are against guarantee. Whoever becomes the guarantor and responsible for something will benefit from it and benefit from it. In the works of the great jurists, this rule is limited to guaranteeing the interests of the Mostafa and the transaction sector. However, according to the different views of Imam Khomeini and Seyyed Mohammad Mousavi Bojnourd, this rule is one of the rulings of the government and Soltanieh and can be one of the specific principles of government civil liability. In this sense, the tax that the government collects from the people in the form of khums, zakat, etc., in return, has obligations to regulate public affairs. The purpose of this study is to first present the jurisprudential and legal concept of the expulsion rule with guarantee and then to examine the application of this rule according to the views of Imam Khomeini and Seyyed Mohammad Mousavi Bojnourd in relation to government civil liability.