A situation where a person takes possession of an object or a form of wealth as an owner (malik) or to the possessor’s benefit, but not as a proxy/ trustee/ fiduciary (ameen). Examples of dealings based on yad dhaman include taking possession by a buyer, borrowing, pawning or rahn (the party holding the pawned items), usurpation (holding by an usurper), etc. The shari’a ruling on yad dhaman maintains that whoever lays his hand on a form of wealth by way of possession or use is bound to guarantee it in all circumstances, whether the object possessed perishes because of some natural catastrophe or act of God, or when the possessor simply fails to return it to its rightful owner. A possessor is also bound to guarantee in the cases of intentional or unintentional destruction.
Yad dhaman is an Arabic term that translates as a position of liability.
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