مسؤولية المحجورين في فقه المذهبين : دراسة تطبيقية

الملخص AR

A person who is prohibited from seizing his property is barred from the Shari'a.

The reasons that justify civil liability in Islamic jurisprudence and law and the need to compensate for it are mostly expressed in the form of jurisprudential rules, "rule of guarantee, rule of pride, rule of loss and causation, rule of no harm." But before that, the scope and means of the stone must be determined; According to the famous saying of Imami jurists, the causes of stone are: minority, foolishness, madness, disease related to death, bankruptcy, etc., which are slightly different from the jurisprudence of the four religions, so that Abu Hanifa does not consider foolishness as one of the causes of stone, or Hanbalis, in addition to the above causes, absolutely occupy the wife.

Knows more than a third.

In order to remove the stone, Imami jurists consider the two conditions of maturity and growth necessary, and Imami and Sunni jurists agree on this issue, except for Shafi'i, who considers growth to be the reform of wealth and religion.

Therefore, the aim of the present study is a comparative study of the views of Sunnis and Shiite scholars on the civil responsibility of the displaced , Which has been collected and analyzed by descriptive-analytical method and The results show that in the responsibility of the marginalized among the five religions (Hanafi, Shafi'i, Maliki, Hanbali and the Shiite religion of Jafari) in general have a common theory and view of the marginalized and only in details and in some cases there was disagreement between religions.

Is that the source of religious rules has become different.