قاعدة على اليد ما أخذت حتى تؤديه: دراسة تأصيلية تطبيقية في ضوء الأحكام الصادرة من الدوائر التجارية بديوان المظالم

الملخص EN

This research deals with the rule (the hand that takes is responsible for what it has taken until it returns it) from the fundamental aspect, as well as its applications in the business sections at the Diwan of Grievances.

It comprises two themes.

The first theme deals with the fundamental aspect of the rule in terms of its individual and general meaning, pillars, source, formulas and recourses.

Then, it discusses the cases and forms of the implementation of the rule, as they are identified in the following two cases: First case: The survival of the specified property: in this case, the property must be unanimously returned to the owner.

Second case: The damage of the property, a case of two manifestations: First manifestation: the damage is due to infringement or negligence by the person who controls the property.

In this case, he is permanently the guarantor by consensus.

Second manifestation: the damage has occurred without infringement or negligence by the person who controls the property, in which case, the scholars differed in saying whether the person in control of the property is the guarantor or not, but the preponderant saying is that the person in control should guarantee if his control is an absolute guarantee, and the person in control does not guarantee the trust in an absolute manner, including the borrowed items.

Then, it discusses in brief the issue of the control guarantee entailed upon the control of the guarantor, which was interpreted according to the issue of control ruling entailed upon the control of a usurper.

The second theme deals with presenting the judicial applications in the business sections at the Diwan of Grievances and it is divided into two topics.

The first one discusses the applications of the cases and forms of the rule, including applications to the control of transferor, broker and partner.

The second discusses the application of the different way to refer to the rule, including applications to the rule as a prophetic hadith, a jurisprudential rule, and as one of the matters that are approved in sharia and on which the work of the Diwan of Grievances is based.