A comparative study of stiman's rule in ja'fari jurisprudence and civil law
| Autor | Mohammad Ali Ali Raghebi, Rezvan Najarian Darz |
| Páginas | 15-23 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 02 - Ano 2019 – Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
15
A COMPARATIVE STUDY OF STIMAN'S RULE IN JA'FARI
JURISPRUDENCE AND CIVIL LAW
Mohammad Ali Raghebi1
Rezvan Najarian Darz2
Abstract: Stiman is one of the most
important Fiqh rules by virtue of which,
each individual by any reason becomes a
trustee for property of another person
will not be responsible for the loss of that
property unless he has committed a
mistake (whether extremes of excess and
deficiency). The essence of Stiman's rule
has been considered as the truth of title
of an owner's deposit which in fact
another one's being trustee is dependent
on the property owner's permission and
the religious deposit in which a person
by the order of the religious order (or the
legislator) becomes trustee. The Islamic
Jurisprudence and civil law towards
Stiman's rule in each of the contracts
such as power of attorney, deposit, loan,
renting, mortgage, bailment of a capital,
and attending the ownership deposits
which deposit description is the main
base of these contracts and in religious
1 Faculty Member of Qom University, -Iran, Faculty of Theology and Islamic Studies in the field
of theology and Islamic sciences with the tendency of jurisprudence and the basics of Islamic law
with the academic rank of professor.
2 Ph.D. student of Qom University-Iran, Department of theology and Islamic
Encyclopedia, Islamic jurisprudence and law.
deposits such as missed property and
custody in which a profile of deposit
description is observed, is in this way
that the trustee in every above contracts
shall not be regarded as guaranteed in
case of the property loss and the owner
or law has no right for seeking him the
loss compensation and only in a way
they can resort to him that the trustee has
made extremes of excess and deficiency
in it.
Keywords: Stiman, trustee, pledge,
excess and deficiency
Introduction:
In Iranian Fiqh and civil law of
which some of the content is an imitation
of European rules especially French civil
law and to some extent Switzerland and
among the Fiqh principles we encounter
Para continuar a ler
PEÇA SUA AVALIAÇÃO