Is a judicial decree required to confirm the end of the restriction placed on a spendthrift (*Safih*)?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 5 · Bab 1

Open in Qurani

Primary text

The restriction placed upon a spendthrift is only lifted by a judicial decree, as it involves a matter requiring juristic deliberation. However, Abu al-Khattab mentioned that the restriction on the spendthrift is lifted upon the cessation of profligacy.

Supporting text

The primary view holds that judicial confirmation is necessary, as this is the preferred stance regarding the nature of the restriction on a spendthrift.