Is a person absolved who prepared money to compensate another but whose rightful owner has not received it for three years, despite his attempts to contact him? And is there a legal maxim that "one who abandons a right has no right"?
Rights do not lapse by prescription. Waiving the collection of a right without renouncing it or absolving the debtor does not invalidate the right nor discharge the debtor's liability.
Some scholars are of the view that the acceptance and hearing of a claim lapse after a long period, because common practice indicates that the right-holder does not abandon their right for an extended time. Indeed, it has been customary in many countries to set time limits for filing lawsuits.
The prohibition of hearing a claim after a specific period is not based on the right itself lapsing, but rather to prevent forgery and circumvention. For the liability regarding a right is not discharged except by its fulfillment to its rightful owner, or by the right-holder renouncing their right and absolving the debtor.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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