Özet:

The responsibility of person has temporal and eternal resultTo know this responsibility clearly is necessary to acquire the felicity in this world and the hereafter. Objective criterions, therefore, are essential in this regard. Such criterions are determined by the concept of istitâ‘ah (capability) which means “A person’s standing off from obstacles that impeding him to achieve an act and his organs being healthy and having facility in practicing that act.” Thus, the concept of istitâ‘ah was divided into several points of view. Especially in the context of obtaining to make something it was divided to muyassarah (facilitator) and mumakkinah (standard) in the Hanafi school of law. The conditions of isti-tâ‘ah and thereupon objective criterions in the operational responsibility were indicated in four parts: a) Liable person should have adequate quality, b) the act should be in the nature that can be imagined by the liable person, c) the re-sponsibility should be in a field that the act of liable person can occur, d) if the act is fulfilled by a tool, the tool should be existed. This article focused on the role and results of these four conditions regarding the responsibility by dealing with legal examples.

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