业主对小偷和被逼挨饿者索赔的权利

Omar Ibrahim Mahmoud Albtoosh
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引用次数: 0

摘要

本研究讨论了物主对因严重饥饿而被迫进食者的赔偿请求权的裁决,以及被偷窃者对盗贼的赔偿请求权的裁决。结论是,占主导地位的法理学观点认为所有者要求赔偿的合法性是由于严重饥饿而被迫赔偿的人,因为伊斯兰教法允许在必要时因严重饥饿而被迫吃别人的食物消除了罪恶,但它并没有阻止保证。研究还得出结论,认为被偷者向被偷者要求赔偿的合法性是占优的法理意见。因为对小偷执行刑罚是全能的真主的权利,并且不妨碍小偷保证归还被偷的钱,如果它是存在的,或者类似的,或者它的价值,如果它在被毁的情况下是有价值的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Proprietors Right to Claim for Compensation from Both The Thief and One who is Forced by Severe Hunger
The study dealt with the ruling of the proprietor’s right to claim for compensation from the one who is forced by severe hunger to eat his food, also the ruling of the one stolen from him to claim for compensation on the thief. Concluding that the preponderant jurisprudential opinion is the one that sees the legitimacy of the proprietor to claim for compensation the one who is forced by severe hunger, as that the permission of Sharia for the forced by severe hunger to eat the food of others when necessary removes the sin, but it does not prevent the guarantee. The study also concluded that the preponderant jurisprudential opinion is the one that sees the legality of claiming for compensation by the stolen from him on the thief. As the execution of the penalty against the thief is the right of Allah Almighty and does not prevent the thief from guaranteeing the return of the stolen money if it is existing, or similar to it, or its value if it is valuable in the event of its destruction.
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