Back to search
The question

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?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
193480
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy