نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار، دانشکده حقوق دانشگاه قم، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In many cases, a movable object, such as a piece of fabric, is entrusted to a hired worker (ajīr) to perform a task on it, such as sewing. In such cases, the question arises as to whether the mere performance of the work constitutes delivery of the subject matter of the lease, or whether delivery is not complete until the object is handed over to the hirer (mustaʾjir). Islamic jurisprudence offers different views on this issue, each giving rise to various legal consequences. According to one view, delivery takes place as soon as the work is performed, whereas according to another, delivery occurs only when the property is handed over to the hirer. This difference of opinion entails several legal consequences, including the time at
which the hired worker becomes entitled to demand payment of the remuneration, whether the hired worker has a right of retention, and whether the hired worker is liable in the event of the loss or destruction of the property. Using an analytical method and a library-based research approach, this article seeks to support the first view and its consequences, including the absence of a right of retention for the hired worker and the fiduciary nature of his possession after completion of the work.
کلیدواژهها [English]
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