Analytical Investigation of Waiver of One's Right by Oneself and its Related Effects

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Alani Zahra; raghebi mohammad ali

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Paper Information

Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:16 | Issue:3 Page(s): 447-467

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Information Journal Paper

Title

Analytical Investigation of Waiver of One's Right by Oneself and its Related Effects

Author(s)

Alani Zahra | raghebi mohammad ali | Issue Writer Certificate

Keywords

WaiverQ1

RightQ2

AcquittalQ2

RemissionQ2

PromiseQ1

PledgeQ1

Abstract

“ Waiver of Right” relates only to those public Rights that are demandable for enjoying the element of “ who has the Right” and the legal reasons referred to for “ the rule of Waiver of Right” that are generally expressed with the phrase “ Remission and forgiveness” are only applied to this Waiver. Since the Waiver of Right relates to inshaiyyat (constructions) it belongs to the “ current Rights” but not to the future Rights (putative or predestined Rights), otherwise it is not a true Waiver and has no effect in Waivering the Right. romise and Pledge are permissible only for stopping some acts or legal reasons that are considered to be “ hbar” but not “ nsha ” and their outmost effects-if lawful-are “ the prescriptive obligation” of injaz and ifa ̔ . Therefore, the Rights of guardianship, fostering, divorce, revocation of divorce, possession of the Rights or properties belonging to no particular person (mobahat) and like this cannot be waived.

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APA: Copy

Alani, Zahra, & raghebi, mohammad ali. (2020). Analytical Investigation of Waiver of One's Right by Oneself and its Related Effects. ISLAMIC JURISPRUDENCE RESEARCH, 16(3 ), 447-467. SID. https://sid.ir/paper/369355/en

Vancouver: Copy

Alani Zahra, raghebi mohammad ali. Analytical Investigation of Waiver of One's Right by Oneself and its Related Effects. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;16(3 ):447-467. Available from: https://sid.ir/paper/369355/en

IEEE: Copy

Zahra Alani, and mohammad ali raghebi, “Analytical Investigation of Waiver of One's Right by Oneself and its Related Effects,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 16, no. 3 , pp. 447–467, 2020, [Online]. Available: https://sid.ir/paper/369355/en

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