The difference between jurists in applying the rule of reparation in islamic legislation | ||
| Anbar university Journal for Islamic Sciences | ||
| Article 1, Volume 3, Issue 1, March 2011, Pages 88-113 PDF (661.76 K) | ||
| DOI: 10.34278/aujis.2011.43325 | ||
| Author | ||
| Hoory Yaseen Alheety | ||
| Abstract | ||
| According to what has been presented on speeches and differences among religious scholars concerning compensation principles, it is included that: 1- Compensation is a very important principle in Islamic Jurisprudence which assure keeping Muslims’ rights and their belongings. 2- Benefits insurance is a principal concern of scholars especially in countries which pay more attention to conventions related to these matters. In this sense, scholars will depend on benefits’ insurance if countries adopt conventions. A convention in a country may determine that benefits earned due to leases of real estate, clothes, life stocks, for example, are decided according to conventions prevailing in that country. In countries that do not depend on conventions, scholars don’t adopt insurance principle. 3- Religious scholars pay much more attention to matters related to human rights. They do not only stick to literal meaning of religious texts. This will give vitality to life by making most scholars present new opinions in accordance with the new developments of life in the countries they live in. 4- Determining change in case of uncommitment so as to keep Muslims’ rights. 5- One of the decisive matters in scholars’ speech is that anyone who takes the real estate in force, should give insurance in order not to trespass others’ rights. 6- The one who rents the real estate should also give insurance in order to keep others’ belongings. 7- The scholars should keep in their minds when one is faced to do something . This is not considered as a trespassing for others’ rights. | ||
| Keywords | ||
| difference; Application; Harm | ||
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