Reflection on the concept of trustworthiness of the contract and its scope and the inclusion of evidence of non-guarantee of trust on non-emotional trust contracts

Articles in Press

Document Type : Original Article

Authors

• Mansooreh Bokaee ¹
• Mohammad Taghi Fakhlaei ²
• sayyed mohammad hadi ghabooli dorafshan ³

¹ PhD student of Fiqh and Fundamentals of Islamic Law at Ferdowsi University of Mashhad

² Professor Department of Jurisprudence Faculty of Theology Ferdowsi University Of Mashhad

³ Associate Professor of Ferdowsi University of Mashhad

10.22067/jfiqh.2022.74887.1279

Abstract

The word trustworthiness in jurisprudence is one of the categories that has been shrouded in ambiguity due to the disagreement of the jurists in some areas and its rulings. A group of jurists named jurisprudential rules with titles such as: the rule of "no guarantee of trustworthiness", "trust", "confirmation of trustworthy promise", "trust", etc. They have guaranteed him. In the present study, the allegations and arguments made by this group against the non-guarantee of someone who possesses another's property with the permission and permission of the owner, but for his own benefit and interest, have been examined and criticized. This descriptive-analytical study seeks to prove that the reasons for the safety of iodine can not be considered valid for all contracts in which the permit is valid. The result of the present study is that the comprehensive interpretation of the words "trust" and "trustworthy" by the jurists is not compatible with the literal, customary, and real meanings, and the ruling that every authorized person is trustworthy is not a requirement of justice and fairness; Rather, the trustworthy rulings are valid only in trust contracts in a special sense, such as a deposit contract and other contracts in which the property is collected in the interest of the owner.

Keywords

• امانت
• اذن
• احسان
• محسن
• ودیعه
• قاعده عدم ضمان امین

Main Subjects

• Civil jurisprudence

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