The Nature of the Exoneration
Comparative Study
DOI:
https://doi.org/10.35246/jols.v37i2.558Keywords:
Exoneration, Nature of Exoneration, Patenting OwnershipAbstract
The obligation in accordance with the provisions of the Iraqi Civil Code to meet the obligation to meet the charge for the acting renewal in loyalty, clearing, union of disclaimer, acquittal, impossibility of implementation and statute of limitations. However, the subject of our study will focus on one of these reasons, which is exoneration, but we will not deal with the provisions of acquittal in general, as we chose the nature of the acquittal as the target of this study because it provoked a doctrinal debate among Islamic doctrines, as this study lacked to examine the nature of the acquittal by comparing Islamic jurisprudence with civil laws.
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References
The Holy Quran.
First - Fiqh Books:
i. Ahmed bin Yahya bin Al-Murtada, Kitab Al-Bahr Al-Zakhkhar, which includes the doctrines of the scholars of the regions, part 5, without a year and place of publication.
ii. Jaafar bin Al-Hassan bin Abi Zakaria, known as Al-Hali Al-Jaafari, 1930, Sharia Laws in Islamic Jurisprudence, Volume 1, Dar Al-Hayat Library, Beirut.
iii. Jalal al-Din Abd al-Rahman al-Asyuti, 1378 AH, Al-Shabah and Al-Nazaer, Al-Halabi Press, Cairo.
iv. Al-Hamawi, 1405AH., Winking the Eyes of Insights, Explanation of the Book of Similarities and Isotopes, Volume 3, i 1, Dar al-Kutub al-Ilmiyya, Beirut.
v. Al-Kharshi, 1317AH., Explanation on the Galilee Mukhtasar, Volume 7, 7th Edition, Al-Amiri Press.
vi. Al-Dardir, Al-Sharh Al-Kabeer, achieved by: Muhammad Alaish, part 3, Dar Al-Fikr Al-Arabi, Beirut, without a year of publication.
vii. Al-Ramli, The End of the Needy to Explain the Curriculum, Part 4, Dar Al-Fikr Al-Arabi, Beirut, without a year of publication.
viii. Zain al-Din al-Baj’i al-Amili, 1967, known as the second martyr, al-Rawdah al-Bahiya fi Sharh al-Luma’ al-Dimashqiah, vol. 3, Al-Adab Press, Najaf, 1st edition.
ix. El-Sherbiny, 977AH., Mughni in Need to Know the Words of the Curriculum, Part 3, Dar Al-Fikr, Beirut.
x. Shams al-Din Ahmed bin Qawder, 1317AH., Fath al-Qadir, part 7, the Grand Amiri Press, Egypt, 1st edition.
xi. Al-Shaibani, Al-Jami Al-Sagheer and his Explanation of Al-Nafi’ Al-Kabeer, Volume 1, Alam Al-Kutub, Beirut, 1st Edition, without a year of publication.
xii. Sheikh Abdullah Al-Qari, 1981, Journal of Sharia Laws on the Doctrine of Imam Ahmad bin Hanbal, Tihama Press, Saudi Arabia, 1st edition.
xiii. Ibn Qudamah, Al-Mughni fi Fiqh of Imam Ahmad bin Hanbal Al-Shaibani, Volume 7, Edition 1, Dar Al-Fikr Al-Arabi, Beirut, without a year of publication.
xiv. Al-Qarafi, 1994, Al-Thakhira, Part 1, Dar Al-Gharb, Beirut, 1st edition.
xv. Al-Qarafi, 1418AH., Differences, Investigation: Khalil Mansour, Volume 2, Dar Al-Kutub Al-Ilmiyya, Beirut, 1.
xvi. Abu Muhammad Ali bin Ahmed bin Saeed bin Hazm, 1351AH., Al-Muhalla, Volume 9, Al-Amiriya Press, Egypt.
xvii. Muhammad Bin Youssef Bin Atfayesh, 1972, The Nile and Shefaa Al-Alil, Volume 13, Dar Al-Fath, Without a Place, 2nd Edition.
xviii. Muhammad Arafa Al-Desouki, 1373AH., Al-Desouki's footnote to the Great Commentary, vol. 4, vol.3, Mustafa Muhammad Press.
xix. Muhammad Alish, Fath Al-Jalil on the Mukhtasar Al-Allamah Khalil, Volume 4, Dar Sader, Beirut, without a year of publication.
xx. Mansour bin Idris, 1319AH., Scouts of the Mask in Explanation of the Board of Persuasion, Volume 2, Al-Nasr Modern Library, Riyadh, 1.
xxi. Kuwaiti Fiqh Encyclopedia, 1980, Volume 1, Ministry of Endowments and Islamic Affairs, 1st Edition.
xxii. Gamal Abdel Nasser Encyclopedia of Islamic Jurisprudence, Part 8, Supreme Council for Islamic Affairs, Egypt, without a year of publication.
xxiii. Al-Nawawi, 1405AH., Rawdat al-Talibeen and Omdat al-Muftis, Part 4, The Islamic Office, Beirut, 2nd floor.
Second - Legal Books:
i. Amir Farag Youssef, 2009, The Theory of Obligations in Civil Law and its Provisions Applied in All Arab Countries, Mansha’at al-Maaref, Alexandria, 1st Edition.
ii. Dr. Anwar Sultan, 1983, Provisions of Brief Commitment in the General Theory of Commitment, A Comparative Study in Egyptian and Lebanese Laws, Dar Al-Nahda Al-Arabiya, Beirut.
iii. Dr. Jamil Al-Sharqawi, 1981, The General Theory of Commitment, Book Two, Provisions of Commitment, Dar Al-Nahda Al-Arabiya, Cairo, 1981.
iv. Dr. Hassan Ali Al-Thnoon, 1970, The General Theory of Obligations, Al-Maaref Press, Baghdad.
v. Dr. Hasan Ali Al-Thnoon, 1954, Explanation of the Civil Law, Part 2, Al-Rabita Press and Publishing Company, Baghdad.
vi. Dr. Hammad Shield, 2016, The General Theory of Obligations, Section Two, Provisions of Commitment, Al-Sanhoury Library, Baghdad, 1st.
vii. Dr. Samir Tanago, Theory of Commitment, Mansha'at al-Maaref, Alexandria, without a year of publication.
viii. Dr. Amer Mahmoud Al-Kiswani, 2008, Provisions of Commitment: Effects of the Right in Civil Law, A Comparative Study, House of Culture for Publishing and Distribution, Amman, 1.
ix. Dr. Abd al-Razzaq al-Sanhouri, 2000, mediator in explaining the new civil law, part 3, al-Halabi human rights publications, Berwa, 3rd edition.
x. Dr. Abdel-Fattah Abdel-Baqi, 1975, Provisions of Commitment in Kuwaiti Law, College of Law, Kuwait University, 1.
xi. Dr. Abdel-Fattah Abdel-Baqi, Lessons in the Rulings of Commitment, Nahdet Misr Press, Cairo, without a year of publication.
xii. Dr. Abdul Majeed Al-Hakim, 1386 AH., Brief Explanation of the Provisions of the Iraqi Civil Law, Part 2, Provisions of Commitment, National Printing and Publishing Company, Baghdad, 2.
xiii. Dr. Mamoun Al-Kuzbari, 1970, The Theory of Obligations in the Light of the Moroccan Law of Obligations and Contracts, Part 2, Descriptions of Obligation, its Transition and Expiration, Dar Al-Qalam Press, Beirut.
xiv. Dr. Muhammad Ali Al-Badawi Al-Azhari, 2010, The General Theory of Commitment, Part 2, Provisions of Commitment, 2nd Edition, without a place of printing.
xv. Dr. Muhammad Labib Shanab, 1974-1975, Lessons in the Theory of Commitment, without a place of publication.
xvi. Dr. Mustafa Al-Zarqa, 1964, Explanation of the Syrian Civil Law, Theory of Public Obligations, Part 2, Provisions of Commitment in itself, Damascus.
xvii. Waheed Al-Din Swar, 1960, Expressing the Will in Islamic Jurisprudence, without a place of publication, 1st Edition.
Third - Letters and Theses:
i. Ben Dadouche Nadra, 2011, The Expiration of the Obligation without Fulfilling It in Positive Law and Islamic Jurisprudence, Comparative Study, PhD Thesis, Faculty of Law and Political Science, Oran University.
Fourth - Research:
i. Dr. Jalal Al-Adawi, 1964, Resignation from Rights and Other Centers of Private Law, research published in the Journal of Laws for Legal and Economic Research, No. 213, Nos. 3 and 4.
ii. Muhammad Zaki Abd al-Bar, 1965, Unilateral Legal Dispositions in Islamic Jurisprudence, Journal of Government Issues Management, Year 29, Issue One, March.
Fifthly - Laws:
i. The French Civil Code of 1804 as amended.
ii. The Lebanese Obligations and Contracts Law of 1932.
iii. Egyptian Civil Law No. 131 of 1948.
iv. Syrian Civil Code No. 84 of 1949.
v. Iraqi Civil Code No. 40 of 1951.
vi. The Libyan Civil Code of 1954.
vii. Jordanian Civil Law No. 43 of 1976.
viii. Kuwaiti Civil Law No. 67 of 1980.
ix. The Sudanese Civil Transactions Act of 1984.
x. Tunisian Code of Obligations and Contracts No. 87 of 2005.
Sixth - websites:
i. www.alamaany.com
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