Iqrar (acknowledgment)

Definition and legality

The iqrar (acknowledgment) is the information by which a person announces that an established right weighs upon him. Hanafis: informing of the existence of another's right upon oneself. Malikis: the admission of what creates a right upon the speaker according to his condition. Shafi'is: a precise information that a prior right is due from the informer. Hanbalis: the affirmation of a responsible and free person of a right upon him, by word, writing or the gesture of the mute, or the acknowledgment of what his agent does. The iqrar is not a creating act: it states a prior right. Its legality comes from the Book, the Sunna, the consensus and reasoning: Allah took the covenant of the prophets with the word "Have you acknowledged and accepted My covenant? They said: we acknowledge" (sura Ali Imran 81), and He orders equity "even against yourselves" (sura an-Nisa 135): none testifies against himself except by the iqrar.

The conditions of validity

• Discernment: the iqrar of one who lost his mind for a lawful or excused cause is not heard, without disagreement. Unlawful drunkenness divides: Malikis and Hanbalis refuse the drunkard's admission, for he is not responsible and his speech guarantees nothing; the other schools discuss this case. Hanbalis: the orphan permitted to trade admits within the measure of what he was permitted.
• Freedom: the iqrar under coercion is void by agreement of the jurists: "Pardoned to my community for the mistake, the forgetfulness and the coercion" (Ibn Majah 2043). Ibn Qudama: if a man is beaten to admit the illicit relation, neither punishment nor establishment; Umar said: "A man is not a reliable custodian of his word when he is starved, beaten or chained". Whoever admits a right then claims coercion is believed only with proof; Hanbalis: if he admits something other than what was imposed on him, his admission stands.
• Seriousness: the admission made in jest is not valid among Hanafis; if he claims jest without proof, he is not believed, and the claimant swears.
• Not being a prodigal: the iqrar of the prodigal is not valid, agreement of the four schools.

The legal force

No disagreement among the jurists: the judge must rule according to the clear iqrar. Ibn Rushd wrote: when the iqrar is clear, no disagreement on the obligation to rule by it. The iqrar does not require being pronounced before the judge; only Ibn Abi Layla required it, likening the admission to a testimony. The acknowledged rights divide: the right of a person, or the right of Allah not annulled by doubt (zakat, expiations): the admission binds without return, unless the beneficiary denies it; and the right of Allah annulled by doubt (illicit relation, theft, wine): the one who concealed it does not have to admit it, rather it is recommended to cover it (reported by Tirmidhi 1424).

The iqrar in terminal illness

Two cases. In favor of a stranger: valid by consensus, even for the whole property, for the admittee is not suspect there; Ibn al-Mundhir reports the agreement of all the retained scholars for the debt admission in favor of a non-heir during illness. Malikis: it is refused if the beneficiary is an intimate friend, an indication of a will to favor the heirs. In favor of an heir: the case divides: treated as a bequest within the third or submitted to the ratification of the heirs; lawful procedures allow carrying it through: passing by a trusted third party who pays the debt, a purchase followed by a payment before witnesses, or a deposit entrusted. The admission of the mahr to the wife, at its amount or less, is valid among all, except ash-Sha'bi who links it to the admission made to an heir (Ibn Qudama, Al-Mughni).

Various cases

The iqrar in favor of an embryo in the belly of an animal, related to an inheritance or a bequest: valid according to the four schools, for the word spoken is possible and the opponent is the owner of the animal; without attribution, divergence appears. The iqrar for a mosque, a cemetery, a road or a pious work is valid even without a stated cause; for a house, it requires the cause: spoliation or lease.

Practical note

The iqrar binds heavily: before admitting a debt, verify the amount and the identity of the creditor. Any coercion, drunkenness or terminal illness in favor of an heir changes the rule and calls for competent advice.