The Impact of the Statute of Limitation in the Forfeiture of the Right due to Justice and Debt: A Comparative Jurisprudence Study

Abstract

     Praise be to God, Lord of the Worlds, and prayers and peace be upon our Prophet Muhammad and his family and companions.

     This study is marked by the impact of the statute of limitation in the fall of the right due to justice and debt, a comparative jurisprudence study.  This study sheds light on an important issue, which is does the statute of limitations drop the right to judge and religion? And if that right is forfeited, will the defendant be absolved of the obligation to do so? Or is his duty not absolved by that judicial decree and remain controlled by that right? This study consists of an introduction, six chapters and a conclusion.

This study aims to present the importance of the aspect of religion in legal disputes to the judicial issue. Moreover, strengthening the aspect of fear of God Almighty and his fear in all the activities of man, including disputes.  Anyone who is able to escape from the judiciary by a trick or system to eat the right of others unjustly will be held accountable for that in the hereafter. One of the objectives is also to show that the judicial verdict only settles the dispute, and it is not lawful for what is forbidden.

   The study has concluded these findings and recommendations:

1. The statute of limitation applies to many issues, and what is mentioned is just an example.
2. The statute of limitation does not revoke the right, but the fact is that the statute of limitations prevents the hearing of lawsuits regarding rights in order to save judges’ time, prevent many disputes, and achieve public interests.

3- Failure to attend the lawsuit in the preceding rights does not absolve the defendant of his debt before God if he knows that he has no right to it.

1. If the defendant acknowledges the pre-existing right, or if the defendant presents an excuse for his delay in filing the lawsuit, the lawsuit shall be accepted in respect of that right.
2. Right does not fall even with a legitimate reason, such as selling, gifting, bequeathing, and the like, which is known in our true religion.

Recommendations:

     There is a necessity for strengthening the aspect of belief in God and fearing Him in the hearts of people in all our dealings, including the aspect of rights and disputes by teachers, professors, preachers and preachers of mosques.

     There is a need for judges to remind the plaintiffs during the sessions and before declaring the decrees that the verdicts of the judiciary are not giving the right of what is forbidden at all, but rather they are for the settlement of disputes.

     In conclusion, I ask God Almighty to benefit me with this study in both worlds and whoever reads it, and to make our deeds purely for Him, and to grant us useful knowledge and righteous deeds.