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The Proprietors Right to Claim for Compensation from Both the Thief and One who is Forced by Severe Hunger

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  • Omar Ibrahim Mahmoud Albtoosh

Abstract

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.

Suggested Citation

  • Omar Ibrahim Mahmoud Albtoosh, 2021. "The Proprietors Right to Claim for Compensation from Both the Thief and One who is Forced by Severe Hunger," Journal of Social Sciences (COES&RJ-JSS), , vol. 10(3), pages 331-358, July.
    • Handle: RePEc:jso:coejss:v:10:y:2021:i:3:p:331-358
    DOI: 10.25255/jss.2021.10.3.331.358
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