A Jurisprudential and Legal Analysis of the Component of Permission to Limit Obligations

In general, permission has a logical and conceptual appearance and can be appeared and shown in different ways. The basis of scholars has always been that if a person gives permission in a matter, he also authorizes the person in the tools and functions of that permission, and these tools of permission are not specified between the permission and the permitted person, but based on reason, this perception is created for the permitted person. There are factors in obligations that explicitly and implicitly limit it. Therefore, the purpose of this study is that permission and its functions can limit the obligation as a component, and this question is also raised as to how and to what extent the limitation is. Via examining a the descriptive-analytical method in jurisprudential and legal texts, permission is used as a component in obligations, and its tools and functions implicitly change the limits of the obligation and cause the increase, decrease, or cancellation of the obligation. Considering the past and present, no significant definition of permission has been seen in jurisprudence and law, and its legal nature has been a point of dispute and has been divided in different ways. In addition to the fact that permission has an explicit effect on the limits of the obligations, it is also implicitly effective and changes the limits of the permitted person’s obligations, and in some cases, in addition to the illegal possession, it will also have the effect of removing the guarantee. Therefore, the functions of permission are not merely limited to permission or permission in a legal event, but also in legal actions, and based on that, the limits of the obligation can be specified and determined, and the effect of possession can be considered useful. However, regarding the negation of the guarantee resulting from it, there are differences in different branches of Islamic jurisprudence (Fiqh) and law.