Who transmitted the hadith: "The right of a Muslim shall not be forfeited even if it is old"? And is the right of a non-Muslim forfeited with the passage of time? And does this hadith refer to the lapsing of a claim with the passage of time?
The right, in Islamic law, does not lapse, no matter how long the statute of limitations, for injustice does not transform into justice with the passage of time. The ruling for a Muslim does not differ from that for a non-Muslim in this regard. As for the lapse of a lawsuit due to the statute of limitations, it is conditional upon the lawsuit being one that custom and habit would deem false, along with the claimant's knowledge of the defendant's control over the property, the absence of any impediment preventing the claimant from demanding it, and the passage of a long period during which it becomes highly probable that the claim is false. The determination of this period is left to the discretion of the judge.
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