Does the claim for leased money lapse if the period is prolonged and the rightful owner does not claim it?
Rights do not lapse by prescription. However, some scholars believe that the acceptance and hearing of a lawsuit can lapse after a long period of time has passed, because custom indicates that the rightful owner does not abandon their right for an extended duration. It has become common practice in many countries to set time limits for filing lawsuits. This prohibition on hearing a lawsuit is not based on the lapse of the right itself, but rather on preventing judges from hearing the lawsuit while the right remains with its owner. Sheikh Muhammad ibn Ibrahim agrees with this view, preventing the hearing of a lawsuit if a long time has passed, especially if the claimant does not mention an impediment that prevented them from asserting their claim, or if the relationship between the parties does not justify the delay in asserting the claim. This matter is referred to the courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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