An analysis of the concept of "al-yad" in Islamic legal literature in terms of liability

This study examines the concept of al-yad in terms of liability in Islamic legal literature. This thesis, which examines the issue from a comparative perspective based on the important sources of the four madhhabs, consists of five chapters, including an introduction and a conclusion. In the conceptual framework section, the concepts of yad, ḍamān, amāna and taaddī are studied, followed by an analysis of the terms yad al-ḍamān and yad al-amāna. In the next section, ten of the types of possession that are frequently referred to in fiqh works in terms of liability are analyzed. These types of possession are ghaṣb, sawm, wadīa, luqata, shirka, wakāla, muḍāraba, idjāra, 'āriyya, and rahn. The terms yad al-ḍamān and yad al-amānah have been used in Islamic law since the fourth century Hijri to distinguish the types of possession in terms of liability. Yad al-ḍamān is used for possession that makes the possessor liable for the damage caused even if he is not at fault. Yad al-amāna, on the other hand, refers to the possession for which the possessor cannot be held liable unless he is at fault. From this point of view, the ten types of possession examined in this thesis can be divided into three categories: those that are in the nature of yad al-ḍamān, those that are in the nature of yad al-amāna, and those whose rulings are disputed among the madhhabs. This study demonstrates the function of the concepts of yad al-ḍamān and yad al-amāna in Islamic law and draws attention to possession as a source of liability.