English abstract
The research aims at clarifying trust hand and distinguishing it from liability hand, by setting up the criteria that distinguish each of them from the other. This is applied to ijara contract, be it a lease of objects or of benefits, in addition to application of the findings to some juristic matters such as a lease terminating in transfer of ownership, doctor's warranty and warranty on rented cars. The research consists of five chapters, the first of which presents the real meaning of trust hand and liability hand. The second is concerned with indemnification in leasing properties, the third with hire of persons, the fourth with demand of indemnification or its donation, and the fifth with juristic applications to indemnification. The search findings have shown that the characteristic descriptions of trust hand are: holding of property by way of possession with the permission of its owner for nothing in return, the holder should not individually and undeservedly avail himself of the property benefits, and he should not undeservedly hold the property for his personal interest. The findings have also shown that a specific employee is not subject to indemnification, contrary to a general employee, who is liable for damages unless in the event of force majeure or in case there is a proof that he is not the cause. Further, the findings have indicated that indemnification may not be demanded from a trustee but it may be donated. Accordingly, the researcher recommends a review of the lease-purchase contracts in Islamic banks as well as car rental contracts. He also recommends development of educational programs that will urge the community to preserve trusts, lest its members encroach on the rights of others under the pretext of being trustees.
