Limitation Clauses in Conventional Law: A Critical Analysis from Islamic Law Perspective

Abstract

Islam accepts the difference in human nature which can lead to disputes of
many types in daily life. However, Islam does not want such disputes to disturb
the harmonious structure of a Muslim society. Therefore, it has prescribed a
well-organized judicial system in order to resolve the arising disputes. In
conventional law, a claim/petition/plaint is restricted in terms of the time
within which it can be filed. Once such time period lapses and the aggrieved
party fails to file its claim without any justifiable reason, it loses the right to
file claim. This is referred as a limitation clauses from conventional law
perspective. However, being a separate legal system with its own solid
principles, Islamic law may approach time limitation issue differently from its
conventional counterpart. In this article, we critically evaluate the issue of
time limitation from Islamic law perspective and we highlight the main
differences in these two systems.