الإبراء من الأعيان وتطبيقاته في القضاء الشرعي الأردني: دراسة فقهية قانونية

Abstract

This research addresses a specific aspect of release, namely, release from specific assets. Release is considered one of the most important judicial applications in courts due to its impact on rights. It may involve one party relinquishing part or all of their right, or both parties relinquishing part or all of the right, or the release may involve both parties fulfilling the right. All these matters fall under the umbrella of release. Release is a means of resolving disputes between individuals and a way to deliver and fulfill rights.

The research demonstrates that jurists differ on the validity of release from specific assets, as they do not establish a debt obligation, unlike debts. It also examines the applications of this concept within the Jordanian Sharia judiciary.

The research focuses on the practical application of release from specific assets in Jordanian Sharia courts, specifically regarding its legal validity and legal force, the circumstances under which a release can be revoked, and the legal procedures for revoking such a release. The research employs descriptive, inductive, and analytical methodologies. It concluded with a number of results, the most important of which was that the Jordanian legislator did not stipulate the ruling on release from assets in the legislation and articles regulating the provisions of release, but the judicial interpretation in the Sharia courts is consistent in considering this release as valid.