The liability for Objects of Bail

Subject Areas : All jurisprudential issues

Mohsen  Rovshan ¹ (Ph.D. Student of Islamic Azad University, Sciences and Research Branch, Course of Jurisprudence and Law, Tehran, Iran)
Ahmad  Bāqerī ² (Associate Prof. of Tehran University, Department of Jurisprudence and Law,Tehran, Iran)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2012-03-20

Keywords:

Abstract :

In Islamic Jurisprudence, to reject the validity of Dimān malāmyajib (the liability of what is not obligated), caused to planextensions and subjects that has presented the diversity of opinionsamong jurists. Some of these extensions and subjects of discourseare so current and secular law to the extend that a group of juristsbelieve in the rejection the validity of Dimān malām yajib, wereplanning about to justify and find a state for it’s integrity by sendingthem out from the scope of extensinons in Dimān malām yajib.But some others, irrespective of current usage law and methods ofrationalist have issued an order to invalidity of some of thementioned extensions. The liability for objects of bail is one of thementioned extensions that jurists have diversed their opinions in it’sintegrity.Those who have voted to the validity rejection, know that as anextension of Dimān malām yajib and liable to it’s rejection proofs.In this essay pros and cons proofs in the integrity of this kind ofliability have been studied and firstly by the purpose of fortificationof the proofs of integrity believers mostly based on verses and