Matin Research Journal

Matin Research Journal

Jurisprudential and legal study of the prohibition and job restrictions of workers and merchants from work with a look at Imam Khomeini's view

Document Type : Original Article

Authors
iraj samaei 1
fakhrollah molaei kandelous 2
parviz zokaian 3
1 Islamic Jurisprudence and Law - Faculty of Theology, Islamic Azad University - Chalous - Iran
2 Islamic Jurisprudence and Law, supervisor.Jurisprudence and Theology, Islamic Azad University, Chalous, Iran
3 Law and Political Science, Advising Professor, Dean of the Faculty of Law and Political Science, Chalous, Iran
10.22034/matin.2021.284748.1878
Abstract
Human labor is among the benefits that have all the characteristics of property. The guarantee of prohibition and restriction of work is a theory according to which, if a person unjustifiably prevents a person who is ready for business from doing his work, he will be obliged to pay the damages. Imam Khomeini has expressed two different views regarding the obvious example of this issue, namely the imprisonment of a businessman; Sometimes, following popular opinion, the prison is not required to pay damages and sometimes it is required to provide bail. From the point of view of the wise, a ban on work is considered a loss and must be compensated. In addition, it is a kind of denial of benefit, and the destruction of benefit is traditionally an example of loss and guarantee. The rule of respect for inalienable property also stipulates that the loser is a guarantor of the loss of property that belongs to a person. A clear example is getting iodine

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Keywords
Job restrictions
workers
business
jurisprudence
labor rights