The Characteristics of Fulfilling the Obligation in the Cancellation of Lien Rights from the Viewpoint of the Jurisprudence of Islamic Schools of Thought

Fulfillment of the obligation by the contracting parties is one of the ways for the cancellation of lien rights in contracts, the most obvious example of which is the delivery of the sold item. Although the majority of jurists believe that the delivery of the sold item cancels the right of lien; Imamiyyah and Sunni jurists disagree upon the way of delivery and reception of the sold item by the customer and the effect of other changes of the contracting parties (such as remittance and mortgage) in the lien on cancellation of the lien right. In this regard, the present research has collected the necessary information from the jurisprudential works of the five Islamic denominations, and using the descriptive-analytical method, it has been shown that: it is necessary to include conditions in the way of execution and delivery, so that the right of lien is cancelled; However, these conditions have not been investigated in jurisprudence and legal texts. Including that the fulfillment of the obligation and delivery must be done by the seller or an authorized person on his behalf, with his will and satisfaction, and with the intention of fulfilling the obligation; therefore, it has been proposed to add voluntary withdrawal and delivery as fulfillment of obligation to the terms of cancelation of lien right.