Rules Governing Temporary Transference of Propery to Craftsmen and Tradesmen in Islamic Fiqh

This study included a preface, an introduction and four chapters. The introduction explained the importance of transferring property temporarily to craftsmen and the reasons behind writing on this topic. In the introduction, the researcher showed the importance for Muslims to give more interest to the application of Shari'a rules pertinent to their business relations. In the preface, the researcher introduced definition of bail(temporary transference of property to another for a specific purpose), reasons for it and its legality in the holy Qur'an, the prophetic teachings and consensus of authorities. The first chapter dwelt on scholars' opinions on bailing craftsmen. In this context, the religious scholars differentiated between a private workman and coworkers. They agreed that the private workman couldn't be bailed. However, they disagreed on the idea of bailing the coworker (craftsman) . In spite of that , the researcher supports the opinion of bailing craftsman. In the second chapter, the researcher illustrated the cases or situation in which a craftsman is bailed and the once the craftsman is allowed confiscate the property until he collects his wage. The third chapter tackled the insuring of means of transportation and the bailing to porters’ crafty persons and seamen .The last chapter was devoted to craftsmen and traders' perpetration of crimes against human beings. Further, the chapter detailed transference of property to physician prayer leaders, teachers and civil persons (urban). The researcher concluded that the physician couldn't insure against harm damage resulting from treatment unless they are professionals in their work and they don't perpetrate or neglect or exceed their powers and the patient allows to treat him/her. If any of these conditions is absent, then the physicians may insure. Pertaining prayer leaders and urban, they can have no bails in the normal conduct of behavior. If they exceed the normal amount, they may be given appeal. The teacher has no guarantee as a result of speaking the learner in condition the learner's custodian allows him to do so. However, he should exceed the normal amount. But the teacher has to make every effort not to punish his learners. The researcher concluded his study with a number of recommendations, which may guide those concerned on their work.