Abstract

The subject of oppression and wastage and liability arising from it, involve a significant part of the relationship between human beings with each other and the relationship between natural and legal persons. This has long been the most important issues and has been subjected to human, and in Islamic jurisprudence considered as the cause and contraption of liability; such a way that sometimes acceptance actions (oppression) and sometimes deprivation actions (wastage) caused harm to others. In law and religion, the rule of acceptance and denial actions has been explicitly stated. However, there are some cases as well which no special rule has been stated for them but in majority cases, omission or doing an action to stave off the losses from other is necessary. So it is necessary the aspects related to this topic to be explained properly. Hence, this question arises, what are the features of oppression and wastage led to liability in jurisprudence and consequently the rights derived from it?

Although in the case law according to the rule of Estimate (asking for something on loan), the liability of the authorized person in possession of the property has been removed despite the oppression and wastage the trustee is considered traitors and bondsman. In fulfillment of oppression and wastage and the liability resulted from that insight and intention of authorized person has no interfered and effect and oppression and wastage are the bases of liability and civil responsibility. Of achievements of this study which has been done descriptive-analytic is introduction and explanation of proper criteria for identifying oppression and wastage in cases where in the law and the jurisprudence have not been mentioned.

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