A Comparative Study of Liability Arising from Taking an Item for Examination (Balsom) in Islamic Jurisprudence and Iranian Law

Abstract

The aim of the present article is to conduct a comparative study of the liability arising from taking an item for examination (balsom) in Islamic jurisprudence and Iranian law. The term "taking an item for examination" is used without affirming or denying a legal ruling and does not include the primary condition of a legal rule. Although some opinions in Islamic jurisprudence and law consider the possession as guaranteed, since there is implied permission, the possession is considered a trust, provided that the individual either purchases the item or returns it. Thus, the possession is a trust, and there is an obligation of result within this context. Taking an item for examination is considered a legal rule. Typically, legal and jurisprudential rules are supported by solid and undeniable evidence in the probative aspect, but this is not the case in the discussion of taking an item for examination, as the subject has been subject to significant theoretical disputes. However, assuming the establishment of taking an item for examination as a general concept, the outcome, regardless of what it is, can be a legal or jurisprudential rule based on the definitions provided by legal scholars and jurists. Therefore, the disagreements regarding the evidence of taking an item for examination do not prevent it from being considered a legal rule.