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Makkah Tower Prophet Alhamdulillaah Muharram Muharram 2 Muharram 3 Ashura 12 Months Good Advice Sincerity 5

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 All praises and thanks belongs to Allah the Sole Creator of this complex universe, I glorify His Majesty and seek His choicest salutations on the leader and the final Messenger, our dear Prophet Muhammad, his family and all companions.

In Islamic law, there are many situations and reasons that necessitate warranty . They are as follows:

1. Utilization or deriving benefit from something. If one rides an animal or wears a robe that belongs to someone’ else he becomes liable for any damage caused to it. The basis of the warranty here is damage, even if he was not at fault except when the actor aims at protecting the item. For instance, in the above example of animal or robe, if he rides the animal to the meadows for grazing or drinking water, it is allowed and he will be liable for whatever happen. The same way if he wears the robe to protect it from being eaten up by insects, especially in summer, because there are some robes that are eaten up by insects during hot seasons. This unwarranted flexibility is provided here because protection of other people’s properties is compulsory if one is capable of doing so.

2-Entrustment; that is if a property is entrusted to someone by a second person, the first person becomes liable for it even if he is a trustworthy one.

3-Negligence in keeping destructive belongings. If an entrusted person with an animal leaves it without pasturage or water for a period the animal cannot withstand and it dies, he will be liable for its death.

4-Failure to keep to the method of protection as suggested by the owner. If the owner of a property entrusted it to a second person and then directed him to a particular method of preserving it, it becomes compulsory for the second person to adhere to that. He is not allowed to contradict that method of preservation except to a method same as it or better. If he does, becomes liable for any damage incurred.

5-Neligence or dissipation. That is if the second person dissipated the entrusted property or guided robbers or thieves to its place, he is liable for it, if on the other hand he did not lead them to where the item is hided, he is not liable.

6-Repudiation or denial. Denial of the presence of an entrusted property in the custody of one, is one the causes of warranty if any damage is caused to it. If he claims that his denial was out of forgetfulness and that was believed by the owner of the property, then he is free of being responsible.

The above shows the importance Islamic law places on keeping entrusted properties. It regards keeping peoples’ entrusted properties as they were as part of the determinants of true believers and a perfection of one’s faith.

All knowledge belongs to Allah and may His salutations be upon prophet Muhammad, his family and all companions.




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