Document Type : Original Research Article
Authors
Department of Law, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
Abstract
One of the most important rules of jurisprudence that causes coercive guarantee is the rule of Ali al-Aid, which is known by famous jurists, both Shiites and Sunnis, as narrated from the Prophet. Among the Shiite narration societies, this narration has been quoted in the book Mustadrak al-La'ali, quoting the commentary of Abu al-Futuh al-Razi and Awali al-Lali al-'Aziziyya, as follows: It's going to take what it takes until it returns. Ibn Abi al-Jumhur al-Ehsa'i has narrated this narration in three cases in his book Awali al-Laali al-Aziziyah. In the first case, he has quoted it without specifying the name of the Prophet, and in the second case, by specifying the name of the Prophet, but in the first way, without mentioning the intermediary, and in the third case, he has quoted it from the Prophet through Samra. There is a difference of opinion among jurists in explaining and interpreting the provisions of this rule. In examining the provisions of this rule, the question arises whether the provisions of the rule are an obligatory ruling on the necessity of rejecting other people's property, or the guarantee and responsibility of a person in charge of other people's property?
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