Section Fifteen
Admission
Al-Iqrār
1275. Iqrār is: the person’s admitting of the right of others over him, such as debt, or a connection in which – often – a right is due from him to others, such as admitting his marriage to a particular woman, so meeting her maintenance becomes his due, or abnegating a right that he has over another, such as admitting that Muhammed does not owe him anything, in a way in which no contradictory claim is heard from him, and this is given precedence over all evidence including (solid) proof (bayyinah).
1276. An admission does not depend on being involved in a dispute or when presenting a case in a court, and it is valid even if not declared in front the Islamic authority.
1277. Decisiveness is conditional for the admission to be valid, so if it involves doubt or possibilities, such as saying: ‘I think or I think it probable that you have this right over me’, then it is not admission.
1278. If someone admitted something for someone, it is sufficient for it to go through if it is not denied by the other person, not to mention if he confirms his truthfulness; but if he denies it, the two declarations cancel each other, in which case the matter must be solved by resorting to other proofs if available, unless the other person (to whom the admission was directed) retracts from his denial in situations where retractions are acceptable, which apply in cases of shortcomings in the conditions of the admission , such as being forced, compelled, mistaken or similar things for which the person making the admission may be excused.
1279. Conditions for the person making the admission are sanity, and reasonable conduct (roshd) if the matter involves giving out assets; also conditional is intention and free will, in addition to not being indicted for bankruptcy if the matter relates to the assets on which the person in question was indicted; so his admission can go through for what the indictment does not cover, as can an admission of debt, or things that require payment of money such as (admitting) stealing; however to claim his asset, the person to whom the admission is directed should not be included among the creditors. The person to whom the admission is directed needs no qualifying conditions; in fact it is valid to make an admission to non-human things, such as the mosque or other things on which assets are spent.
1280. Reaching the Islamic legal age (being bāligh) is not conditional in the person making the admission, so the admission of a momayyiz child is valid, if he shows reasonable conduct in all things which the bāligh’s admission is valid; also it is not conditional that he is not suffering a terminal illness, so the admission of an sick person on his deathbed is valid.
1281. Two conditions must be met in the thing about which the admission is made:
1- It must be something that can be owned or done by both parties so that it can be binding; so it does not cover what a Muslim cannot own such as alcoholic beverages, unless the two parties are non-Muslims who regard it as allowable; also it does not cover any act that is forbidden.
2- It must be something which, in giving, involves hardship to the person making the admission and its consequence must hurt him, such as an admission relating to an asset or the right of someone over him, or renouncing his rights over others, or admitting things that result in punishment, such as adultery or stealing; but admission of any of such things that involves benefit to others is not accepted, such as admitting that Muhammed owes ‘Alī one thousand pounds, or admitting something the benefit of which is for him if the other party does not confirm it, such as admitting his marriage to a woman, making his admission binding on her to allow him sexual intercourse with her unless she does not confirm his admission , although he is bound to meet her expenses on the basis of his admission .
1282. If he admits the kinship of someone else to himself - a son, brother, uncle or the like - his admission goes through if his truthfulness is probable, with all the consequences that this admission has to the person to whom the admission is directed – maintenance, forbidding marriage, joining him in any inheritance he receives if the other person has a right to it; however, confirmation of the kinship, or otherwise, is explained later (no. 1424).
Section Fifteen
Admission
Al-Iqrār
1275. Iqrār is: the person’s admitting of the right of others over him, such as debt, or a connection in which – often – a right is due from him to others, such as admitting his marriage to a particular woman, so meeting her maintenance becomes his due, or abnegating a right that he has over another, such as admitting that Muhammed does not owe him anything, in a way in which no contradictory claim is heard from him, and this is given precedence over all evidence including (solid) proof (bayyinah).
1276. An admission does not depend on being involved in a dispute or when presenting a case in a court, and it is valid even if not declared in front the Islamic authority.
1277. Decisiveness is conditional for the admission to be valid, so if it involves doubt or possibilities, such as saying: ‘I think or I think it probable that you have this right over me’, then it is not admission.
1278. If someone admitted something for someone, it is sufficient for it to go through if it is not denied by the other person, not to mention if he confirms his truthfulness; but if he denies it, the two declarations cancel each other, in which case the matter must be solved by resorting to other proofs if available, unless the other person (to whom the admission was directed) retracts from his denial in situations where retractions are acceptable, which apply in cases of shortcomings in the conditions of the admission , such as being forced, compelled, mistaken or similar things for which the person making the admission may be excused.
1279. Conditions for the person making the admission are sanity, and reasonable conduct (roshd) if the matter involves giving out assets; also conditional is intention and free will, in addition to not being indicted for bankruptcy if the matter relates to the assets on which the person in question was indicted; so his admission can go through for what the indictment does not cover, as can an admission of debt, or things that require payment of money such as (admitting) stealing; however to claim his asset, the person to whom the admission is directed should not be included among the creditors. The person to whom the admission is directed needs no qualifying conditions; in fact it is valid to make an admission to non-human things, such as the mosque or other things on which assets are spent.
1280. Reaching the Islamic legal age (being bāligh) is not conditional in the person making the admission, so the admission of a momayyiz child is valid, if he shows reasonable conduct in all things which the bāligh’s admission is valid; also it is not conditional that he is not suffering a terminal illness, so the admission of an sick person on his deathbed is valid.
1281. Two conditions must be met in the thing about which the admission is made:
1- It must be something that can be owned or done by both parties so that it can be binding; so it does not cover what a Muslim cannot own such as alcoholic beverages, unless the two parties are non-Muslims who regard it as allowable; also it does not cover any act that is forbidden.
2- It must be something which, in giving, involves hardship to the person making the admission and its consequence must hurt him, such as an admission relating to an asset or the right of someone over him, or renouncing his rights over others, or admitting things that result in punishment, such as adultery or stealing; but admission of any of such things that involves benefit to others is not accepted, such as admitting that Muhammed owes ‘Alī one thousand pounds, or admitting something the benefit of which is for him if the other party does not confirm it, such as admitting his marriage to a woman, making his admission binding on her to allow him sexual intercourse with her unless she does not confirm his admission , although he is bound to meet her expenses on the basis of his admission .
1282. If he admits the kinship of someone else to himself - a son, brother, uncle or the like - his admission goes through if his truthfulness is probable, with all the consequences that this admission has to the person to whom the admission is directed – maintenance, forbidding marriage, joining him in any inheritance he receives if the other person has a right to it; however, confirmation of the kinship, or otherwise, is explained later (no. 1424).