Fiqhi-Hadithi Analysis of the Irad (Waiver) of the Right of Property

A right is a kind of authority considered and made for a person over another person, property or object and any person with a right is free to waiver his/her right. The referent of the right is sometimes a debt and sometimes an object. Tovoluntarily relinquish a right of a debt is called Ibraand to voluntarily relinquisha right of an object is called Irad. In this article, the author tries to show that along with general tone of the
hadith of saltanat and common sense, there are also some hadiths that indicate the validity of Irad to voluntarily relinquish a right; although most of jurists have questioned the reliability of the source of the hadith as well as its indication and have denied such a meaning for those hadiths. In view of the existence of those hadiths as reasons for ijtihad, referring to istis-hab, as a reason for fiqh to argue the continuation of the right of property does not sound correct.