حكمة ضمان الفعل الضار و أثرها في تحديد موجباته في الفقه الإسلامي

الملخص EN

This research aimed to marking out and adjusting the actions that cause the Satisfaction Guaranty Of Trespass {Daman Al-Odwari), by utilizing the usouly foundation that says; it’s a condition for the cause of the judgment to be an object of the judgment interest.

Therefor the researcher did the following: firstly: proving that the cause of the Daman judgment is not regulated in the juristic practice.

Secondly: looking for the interest that obtained from the Judgment of Daman by the usouly ways.

Thirdly: applying the foundation that says it’s a condition for the cause of the judgment to be an object of the judgment interest.

fourthly: establishing an opinion about some actions, which Islamic Jurists have been disagreed about their requirement of Daman.