Analytical Investigation of Waiver of One's Right by Oneself and its Related Effects

“Waiver of right” relates only to those public rights that are demandable for enjoying the element of “who has the right” and the legal reasons referred to for “the rule of waiver of right” that are generally expressed with the phrase “remission and forgiveness” are only applied to this waiver. Since the waiver of right relates to inshaiyyat (constructions) it belongs to the “current rights” but not to the future rights (putative or predestined rights), otherwise it is not a true waiver and has no effect in waivering the right. Promise and pledge are permissible only for stopping some acts or legal reasons that are considered to be “Ikhbar” but not “Insha̕ ” and their outmost effects- if lawful- are “the prescriptive obligation” of injaz and ifa̔. Therefore, the rights of guardianship, fostering, divorce, revocation of divorce, possession of the rights or properties belonging to no particular person (mobahat) and like this cannot be waived.