The reason for the possession if the possessor denies it and the possibility of proving liability for possession

Document Type : Original Article

Author

Assistant Professor of Jurisprudence and Islamic Law at Azarbaijan Shahid Madani University

Abstract

According to the Yad qaede, whatever is in a person's possession belongs to him, but whether if the possessor denies it can what is in his possession belong to him or not? And in this case, can a person be held responsible for his occupation? The issue discussed in the present study is that the author, after searching the arguments and opinions of the jurists in an analytical-descriptive manner and examining the opinions of the courts, believes that The reasons for the Yad qaede is absolute and in the possessor denies it there was also an argument against him, and the principle of correctness that prevails in the word of the possessor cannot be resisted, unless due to the possession of another person's property, the possession of the owner has no positive value; Therefore, in matters where the possession of a person proves responsibility the possessor is held undertaking for his possession, but in the case of crimes, the evidence of them must be used exclusively and the possessor is not considered guilty.

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