الانفساخ

الانفساخ

Infisakh is lexically the reflexive of fasakh, meaning undoing and passing away. For the jurists it is the dissolution of a contract either of itself or by the will of the parties or one of them. ¹ Fasakh is undoing the tie by the will of one or both parties or by a judge; infisakh may be its result or the result of a cause beyond the parties' will. ²³ A continuing contract such as a hire dissolves when its object perishes, but an immediate contract does not dissolve after receipt. ⁴⁵ The Hanafis hold a hire dissolved by the death of a party who made it for himself; the majority hold it not dissolved. ⁶⁷ Non-binding contracts such as loan, agency and partnership are generally dissolved by the death or madness of a party. ⁷⁸⁹ A sale is dissolved by the claim of a third party or by usurpation in some schools. ¹⁰¹¹ A contract before dissolution exists and has effect, whereas for the Hanafis a void contract has no existence at all. ¹² A continuing contract is dissolved from that moment, an immediate one is undone from its origin. ¹³