اثر التعدي في تضمين الأجير دراسة مقارنة

منذر عبيس متعب

Abstract


The Islamic Shari'a law has paid great attention to employees for its impact on the service of society and the building of a strong economic base.  Moreover, among the principles of Islamic law is respecting the property of people and establishing rules and laws to preserve them.

Also, it is very likely that the employee would harm what he promised to repair or transfer. As the employee in the Islamic jurisprudence is treated as a trustee; as the norm provides that trustees does not have to guarantee against damage. Furthermore, people's funds are respected, and the rule is that if someone loses people's money without their consent, must guarantee it. So, what is the decisive rule for this case?

Scholars disagreed according to the many reports and different rules. This research presents narratives and sayings of the jurists. It concluded that there is no contradiction neither in the narratives nor jurisprudential rules. The scholars' disagreement is because each group of them followed a specific side of narratives without integrally looking into them, or it could be because of their disagreement prior to combining the narratives or reports.

For careful investigators, the rule in this case is:

First, the employee is trustworthy, and not guarantor against damage to the property in his hands and without work for force majeure and in non-infringement and negligence in its maintenance, for the non-guarantee rule of trustee.

Second, the employee/wage earner is a guarantor for damage in infringement and negligence in consensus.

Third, the wage earner is a guarantor for the damage he cause at work for the rule of respect of Muslim's possessions and the damaging rule.


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