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The question

Is it permissible to argue for dismissal of a claim in employment lawsuits that are more than 5 years old, in accordance with the Royal Decree, taking into account that the regulations require filing a grievance first before bringing the case before the Administrative Court?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Rights do not lapse with the passage of time. However, the ولي الأمر (ruler/authority) may prevent the judge from hearing old cases that have been pending for a long time, in order to avoid trickery, deception, and forgery. This has been stated by some scholars, such as Al-Haskafi and Ibn Abidin in "Radd al-Muhtar," and in "Majallat al-Ahkam al-Adliyya" (The Ottoman Civil Code) in articles (1801) and (1660), as well as Al-Ziyadi and Al-Ramli. The point is that the arrangement of procedural matters for hearing lawsuits by those in authority is ancient and well-known, and acting upon it has its justification. Therefore, there is no harm for the questioner to adhere to this administrative system, and to argue against hearing claims that are more than five years old, except in specific cases where it is known that an injustice has occurred to a particular person that cannot be rectified due to this administrative system. In such instances, one should then strive to deliver justice and remove the injustice.

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Original fatwa ID
173644
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