Judicial principles and studies
Release (Ibra') and Settlement — Nature and Validity Requirements
Ibra' (release) is a unilateral legal act by which a creditor relinquishes a right against a debtor, extinguishing the obligation; it is treated like a donation for substantive-law purposes. Validity requires a defect-free will and that the subject matter meet general contract requirements.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The statutory provisions reflected in Articles 444, 446 and 447(1) of the Civil Code indicate that an ibra' is a unilateral act by which a creditor waives a right against his debtor, resulting in extinction of the obligation. Because the waiver involves relinquishing a right without consideration, the legislator subjects it to the substantive rules applicable to gifts where compatible.
Summary
Ibra' is governed by the legal rules on unilateral acts as a source of obligations and, insofar as appropriate, by the rules on donations. For an ibra' to be legally effective, the creditor's intent must be free of defects and the subject of the release must exist, be possible, be determined or determinable, and be lawful. This is an educational summary and does not constitute judicial text or legal advice.
Practical significance
Practitioners should verify the absence of vitiating factors in the creditor's consent and ensure the released subject meets general contractual requirements so the extinguishment of the obligation is effective. Proper documentation of the elements of ibra' helps clarify the intent to waive and protects the parties' interests. This is an educational summary and not judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.