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Register a new userDischarge of the rule is the right holder
حكم الإبراء من غير صاحب الحق
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اشترط الفقهاء أن يكون الحق المبرأ منه مملوكاً لصاحبه، ليصح الإبراء منه؛ فصاحب الإبراء يملِك الحق، و يملك التصرف فيه، على الوجه المعتبر، و صحة الإبراء تتوقف على سبقِ الملك؛ فلا يبرأ المبرأ إلا بإبراء صاحب الحق. و في بعض الصور يقع الإبراء فيها من غير صاحب الحق، و من أهم هذه الصور، إبراء الوصي من مال اليتيم، و إبراء الولي من مهر موليته، و إبراء الأم زوجها من حضانة الصغير، و إبراء الوكيل من مال موكِّله، و إبراء الفضولي، فهل يقع مثل هذا الإبراء؟، أم لا؟، تناول الباحث تعريف الإبراء، و دراسة هذه الصور و بيان حكمها، و قد خلص الباحث إلى عدة نتائج أهمها، يقصد بالإبراء: " تنازل صاحب الحق عن حقه الذي يملك التصرف به"، و الإبراء من المهر قبل الدخول هو حق الزوج، و أن حق الحضانة حق أوجبه الشرع للمحضون و الأم أحق من غيرها في الحضانة فيجوز لها الإبراء عن حق الحضانة، و الوكالة العامة تشمل الإبراء، و إبراء الفضولي باطل.
Scholars spoke on condition that the right which is owned by the owner to give it up to him, may relinquish it; owner of the King has the right, and have to dispose of it, properly, and the health of disabsolution depends on the former king; not only acquitted acquitted Ibra right holder. In some cases located disabsolution which is not the right holder, and most important of these issues, disabsolution the guardian of the orphan's wealth, and disabsolution the guardian of the dowry, which are taken over, and disabsolution the mother of her husband from the custody of the minor, and disabsolution the agent from the wealth of his client, and healing the curious, is located such Healing?, or not?, the researcher defined the disabsolution, and to study these issues and the statement of its judgment, has concluded a researcher to several conclusions, the most important, is intended disabsolution: "concession holder the right to his right, who has disposed of it", and disabsolution of the dowry before entering is the right of the husband, and that the right of custody right enjoined Shara cuddled and mother has more right than others in the nursery may have a disabsolution from custody, and the public agency, including discharge, and disabsolution curious void.
References used
القرآن الكريم.
الأنصاري، زكريا، أسنى المطالب في شرح روض الطالب، دار الكتاب الإسلامي.
البلخي، نظام الدين ورفاقه، الفتاوى الهندية، دار الفكر - بيروت، 1411 ه.
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