The Acknowledgement Pretext in Al-Sharia and Law

Year: 
2003
Discussion Committee: 
Supervisors: 
Dr. Naser Al-Deen Al-Shair
Authors: 
Morad Rayek Rsheed Odeh
Abstract: 
Pretext has been considered as one of the confirmation ways in Islamic sharia and positive law. Its defined as a notification of con firming ones right for others. So, its legitimacy had been confirmed in the holy Koran and Sunnah . Moreover, the acknowledgement is considered as the strongest evidence of rights confirmation. So, it was called the master of evidences. The acknowledgement is considered as a whole plea in confirming things and it doesn't. Need supporting when revealing rights. When the confirmation is issued with its full legitimacy, the judge should it accordingly. On one hand, the acknowledgement ends the disagreements and makes prosecution affirmative. Oil the other hand, the acknowledgement is considered as a compulsory pretext on the confessor only. If the acknowledgement which dealing with human rights issued from its doers, it wouldn't be retreated. But if the acknowledgement dealing with Allah rights, revocation is acceptable. That's because Allah’s rights based on forgiveness.
Pages Count: 
222
Status: 
Published