نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه فقه شافعی دانشکده الهیات و معارف اسلامی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Official work missions constitute one of the primary forms of service, especially in the modern era. Today, in addition to government agencies, private and service-sector companies also dispatch their employees on assignment to sites or cities outside their usual workplace in order to perform specific services or implement projects on behalf of clients. The provision of these services naturally incurs expenses such as travel and accommodation costs, and if these are initially paid by the individual, it is regarded as their natural and logical right to request reimbursement. A central question arising in this context is whether, in cases where the assignee does not utilize such entitlements, he or she retains the right to claim them. The present study employs a descriptive-analytical approach to investigate the Islamic jurisprudential ruling on the claim for unused expenses in official missions. Through analogy and comparison with similar cases, it aims to state the correct juridical position. Inductively, it appears that there is no prevalent customary practice ('urf) in this regard that could be adopted as the standard. Thus, it is concluded that the mere mention of such entitlements for the assignee, whether in oral or written contracts, does not suffice to establish a legal right or basis for claiming such expenses. Rather, elements such as actual use are integral to the establishment and exercise of such rights. The doctrines of appropriation of public property (ḥiyāzat al-mubāḥāt) and the exercise of rights such as preemption (shuf'a) in Islamic jurisprudence further support this perspective.
.It seems that although contracts are one of the causes of entitlement, the mere fact of a contract in this matter will not prove the right and consequently demand it, but elements such as the fulfillment of this right will prove the right and demand it. The necessity of arguments and legal justification such as intercession in Islamic jurisprudence confirms this opinion.
کلیدواژهها [English]
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