A Study of the Rule of "Al al-yad"

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Abstract

The discussion of liability is one of the most important discussions in the Sunnite and Shiite Jurisprudence, and the rule of ‘Alalyad’ is a key rule related to the above-mentioned discussion. This rule appears in Shiite jurisprudential books in such chapters as usurping, taking possession of property by invalid contracts and the succession of hands (=possessors), and has also been included under the rule "What results in liability in correct cases does result in liability in incorrect cases too, and what does not result in liability in correct cases does not result in liability in incorrect cases too ".  In Sunnite books, however, it appears under such chapters as loan.
The rule of Alalyad means that everyone who has domination over the property of someone else is considered to be liable for it.

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