Lex Islamica Quarterly

Lex Islamica Quarterly

The Boundaries of the Trustee’s (Amīn) Liability in Contracts of Personal Hire: A Jurisprudential and Legal Re-examination of the Conditions of Liability and Non-liability, and the Principle of the Precedence of the Trustee’s Statement

Document Type : Original Article

Author
PhD Candidate in Jurisprudence and Private Law, Department of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran
Abstract
Discussions concerning the establishment of amānah (trusteeship), the party to the contract becoming a trustee, and the ensuing effects and rulings—particularly in contracts other than wadī‘ah (deposit)—are of great importance due to their significant legal consequences, such as the exemption of the trustee from liability (ḍamān). One of the contracts in which jurists and legal scholars have differed, from the perspective of trusteeship-related issues, is the contract of personal hire (ijārah al-ashkhāṣ). Accordingly, this study addresses three contested and relatively underexplored issues in this area, employing a descriptive-analytical method and examining the works of prominent Iranian legal scholars and jurists. This work begins with a discussion of certain aspects of the contract of personal hire that are relevant to the concept of trusteeship. It then examines whether the contract of personal hire establishes a state of trusteeship (amānat) for the employee (ajīr). Subsequently, it analyzes the permissibility of stipulating liability (sharṭ al-ḍamān) for the employee—who is considered a trustee in this study—despite the absence of negligence or misconduct (ta‘addī wa tafrīṭ), and then the permissibility of stipulating non-liability (sharṭ ‘adam al-ḍamān) for the employee despite the presence of negligence or misconduct. In the final section, the study examines the principle of the acceptance (precedence) of the trustee’s statement (taqdīm qawl al-amīn) in the views of jurists and legal scholars. The findings of this research, aside from offering practical solutions by synthesizing the opinions of jurists and legal scholars, indicate that the employee is considered a trustee. Generally, the principle of the trustee’s non-liability does not apply to professional employees (ajīr ahl al-ḥirfah), and the stipulations of liability and non-liability are permissible under certain conditions. Furthermore, the principle of accepting the trustee’s statement, distinct from the principle of non-liability, is applicable in cases other than professional employees.
Keywords


Articles in Press, Accepted Manuscript
Available Online from 08 November 2025

  • Receive Date 07 November 2024
  • Accept Date 10 April 2025