Appraisal of Limitation Act under Islamic Law = قانون میعاد سماعت کا شرعی جائزہ

Abstract

Limitation Act deals with the stipulated duration in which a suit can be filed in a court of law. After the lapse of this period, the court has no authority to trial the law suit, unless the court is so authorized to waive off the period of delay. If a person fails to claim his right in a certain time frame due to negligence, he is not admissible to claim it after the lapse of the stipulated period. This act augments and re-in forces the right and privilege of plaintiff. The law has diminished the chances of fraud and deception. As per the act any lawsuit not filed in due course of time is declared time barred and lacks maintainability. The act only determines the permitted duration of claim. Any person who holds possession of property without any force, pressure or breach of trust for a certain time is assisted by law to maintain his possession without facing any resistance. The law protects the possession holders against any delayed undue claim. Therefore it can be said that Limitation Act is an act of regulation.

Keywords

• Juridical law
• limitation act
• suit
• duration
• claim.