اندیشه‌های حقوق عمومی

The rule of "al-Zaʿīm Ghārim" (The guarantor is liable) is one of the fundamental principles of Islamic jurisprudence (Fiqh) that emphasizes the guarantor's obligation to fulfill the guaranteed obligations and plays a significant role in explaining religious (Sharʿī) and legal responsibilities. With the expansion of organizational obligations and contemporary legal institutions, the necessity of re-reading and adapting this rule to new legal systems is increasingly felt. This research, employing a descriptive-analytical method and library studies, examines the Quranic and narrational (ḥadīth) evidence of the rule of al-Zaʿīm Ghārim. It further investigates the position of this rule in interpreting organizational obligations and institutional legal relations by utilizing the views of Imāmīyyah jurists and making a comparative analysis with Sunni jurisprudence (Fiqh ʿĀmmah) and comparative law. The results indicate that this rule can provide an efficient theoretical framework for analyzing modern obligations such as bank guarantees, liability insurance, and organizational contracts. Additionally, its adaptation to other legal systems demonstrates the rule's capacity for accommodation and localization within contemporary law.