THE JURISPRUDENTIAL WEIGHTINGS OF AL-ALLAMAH AL-HILLI, MAY GOD HAVE MERCY ON HIM (T.: 726 AH) IN THE GUARANTEE IN HIS BOOK “THIKIRA AL-FUQAHA” A COMPARATIVE STUDY
The rules of guarantee are of great importance in the provisions of Islamic jurisprudence, and what is the urgent need of man for these rules, so the researcher believes that it is necessary to highlight these rules and bring them closer to the reader in a way that suits his mental level, and because the rules of guarantee affect the damage, or infringement of people’s rights, whether on money or souls, The research shows the means of preserving these rights and what is required of the destroyer of legal provisions and protects people's rights from infringement or damage. In order for every person who is charged with his money to know his rights and duties, and work to preserve his rights, and protect the rights of others, and Sharia works to preserve people’s rights and ward off corruption from them. The guarantee is legislated by the Book, the Sunnah, the consensus and the reasonable. The pillars of the guarantee are the guarantor and the guaranteed, and the place of the guarantee, as well as the types of guarantees: the jurists divided it in terms of length and commitment, namely the guarantee of the soul, the guarantee of money, and the guarantee of notables. And the spoiled and usurped, and the seizure of money and other releases, and the compensation for damages is divided and includes: financial damage, material damage to the human soul, and the guarantee in terms of the elements, they are three: the guarantor, the guaranteed, and the place of the guarantee. This research included an introduction and conclusion, and three sections, the first included an introductory overview of the life of the scholar, and the second topic included the definition of the guarantee, its pillars and its legitimacy. that you have reached.
Keywords: (Al-Hilli, Jurisprudential Weightings, Guarantee, The Jurists' Ticket).