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An Understanding of the Concept of Ezn and its Bearings in the Twelvers’ Jurisprudence Based on Quranic Verses and Narrations
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Seyyed Mostafa Malihi   |
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Abstract: (5747 Views) |
| One of the important issues in the Islamic jurisprudence and the Twelvers’ sacred law is the seizure of others’ property and its limits. According to the rule extracted from the Quranic verses and narrations, if any one seizes others’ property, he / she must guarantee its return, and in case of loss or defect, the recipient must compensate for the damage suffered. Also, seizing others’ assets is forbidden in the Islamic sacred law. However, an exception to this general ruling is the case where the recipient has been authorized by the owner. In principle, the author believes that if the assets have been sized by the ezn (permission) of the owner or any authorized individual, the seizer is not responsible for the loss and defect not related to him / her. Ezn further causes the prohibition rule to be converted to the permissibility rule. Elaborating on the relationship between the two above-mentioned effects and the nature of ezn and its dependence on the willpower of the azen (permitter), this paper demonstrates that ezn is among the legal acts and is included in the category of unilateral legal acts. Finally, the paper deals with some of the legal entities created by ezn. |
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| Keywords: ezn (permission), amanat (trust), ebaheh (permissibility), zaman (guaranty), the Twelvers’ jurisprudence. |
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Full-Text [PDF 276 kb]
(3129 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2018/03/10 | Accepted: 2018/03/10 | Published: 2018/03/10
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