Najafi Q&A: Disputes
lit 8/29/2026 · 2 entries · 0 followers · 0 likes
⚖️ Fiqh & LawJurist: Shaykh Bashir al-NajafiTopic: DisputesMadhhab / school: Shia Ithna 'AshariyahSection: Treatments#fiqh#najafi#qa
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What is the Islamic legal position regarding the passage of time nullifying the right to file a lawsuit? For example, if a person leaves his right with another while being able to reclaim it within a set period, and after that period ends, he seeks to recover his right but the other person refuses to return it — does the passage of time nullify his right to pursue the case? Some Islamic schools of thought have held this view. What is the ruling on this matter, and is there any evidence supporting such a claim?
Answer
In the name of Allah, the right of a Muslim upon another Muslim is not nullified except through fulfillment (payment) or release (forgiveness) by the rightful owner, and the Qur'anic verses and narrations are explicit on this matter. Allah is the Guide, and He knows best.
Source:alnajafy.com · alnajafy.com
What is the Islamic ruling to the issue of spanning the legal period after which no lawsuit is accepted? If one leaves his right with another one, though the former can take his right with a definite period, but after that period is spanned the former wants to have his right. However, the latter abstains from giving the right, will the former have no right to file a lawsuit? Some Islamic schools of thought adopt this principle. What is the ruling of this issue, and is there any evidence to such a ruling?
Answer
In the name of Allah, no right is dropped out among Muslims unless it is paid or performed or acquitted from the one who has the right. Quranic verses and narrations are explicit in that. Allah knows best.
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