Does a debt or right lapse with the passage of time in Islam? And what are the legal consequences for the debtor if the courts nullify it in accordance with man-made law?
Financial rights firmly established as obligations do not expire by prescription; rather, they must be paid to their owner or their heirs, whether they are debts, compensation for a right such as rent or the price of a sale, or established legal rights like inheritances and usurped properties. The expiration of a right by prescription is not from Islamic law; rather, it is the judge who is prevented from hearing a claim after a certain period under specific conditions. Therefore, legal rights that courts have dismissed based on man-made law do not expire Islamically, and they must be paid unless the rightful owner waives them, as no consideration is given to a law that contradicts Islamic law.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 193480
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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