Implication of `ala al-yad rule on the liability of kidnapping

Liability issue is one of the long standing contents of the two sects` jurisprudence, and in terms of content, response and width, it has an exemplary richness. It can be said that the jurisprudents have studied all the instances of destruction of the property and its rights regarding the liability and non-liability. However, the place of discussing about the liability of an human life which is unjustly kidnapped, imprisoned and accidently died in the prison, is empty. In other words, the jurisprudents have precisely talked about guaranty of property, actions and financial rights of the human beings, but they have not discussed regarding the life of a man, or have vaguely referred to it. After proving validity of the prophet`s hadith "ala al-yad" based on the two sects` various narrators, this article has examined and criticized the different forms of the issues, expressing the conflict place, speaking out the implication of the prophet`s hadith on the guaranty and the evidence of its opponents in the forms of difficulties. The final result of this article is that the `ala al-yad rule implies on the liability of person`s life which has been unjustly imprisoned or kidnapped and died, although , the death is not attributed to the kidnapper.