warranty (الضَّمَانُ)
الفقه أصول الفقه
التعريف :
That the perpetrator is charged with fines for what is taken illegally, or spoilt, or defective, etc.
المعنى الاصطلاحي :
Recompensing for a damaged item, either with a similar item or with its value if it has no similar item.
الشرح المختصر :
"Damaan" (assuming liability): To assume liability for a damaged item by either giving a similar item if possible or giving its price. It has been legislated in order to protect the rights of people; to honor contractual agreements; to repay for damages and harm; to prevent criminality; and punishment for aggression. Because protecting people’s blood and wealth is a fundamental principle in Islamic law. It is unlawful to shed a Muslim's blood or to take his wealth except by the legal right.
التعريف اللغوي المختصر :
"Damaan": to assume liability for paying a cost; to guarantee to pay it or pay the fine. Original meaning: to put something in something else that contains it.