The Rules of Discharge and Its Effects in Legal Relationships: A Comparative Study in Islamic Sharia and Civil Law
Keywords:
discharge, Islamic Sharia, Comparative Analysis, Civil LawAbstract
This study examines the legal concept of discharge (ibrāʼ) as one of the causes of extinguishing obligations under civil law. It highlights its legal nature as a unilateral legal act issued by the creditor without compensation, with the aim of terminating the obligation owed by the debtor. The research focuses on the substantive and formal conditions required for the validity of discharge, then proceeds to analyze its legal effects on the relationship between the parties—particularly in terms of debt extinction, the removal of liability, and the annulment of associated guarantees. Furthermore, the study provides a comparative analysis of how discharge is regulated in Egyptian and Iraqi civil law, drawing on statutory texts, scholarly opinions, and judicial rulings, to present a comprehensive understanding of this legal instrument and its role in ensuring transactional stability.
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Copyright (c) 2025 Maan Hashim Lhimas Al Rudaini (Author); Ahmad Ommi; Arezoo Malekshah (Author)
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