Comparison of Limitation at Shari'ah and law in maintenance

موازنة شرعية لحالات التقادم في النفقة دراسة تطبيقية على القوانين الباكستانية

Abstract

The real rules of Shari'ah as well as Conventional Law is that to give everybody erybody his right even after lapse of hundred years. There is no justification for depriving of a person from his rights in both legal systems.

 A pure evil as far as it goes, in consequence of the lapse of time?  We are still searching for the satisfactory answer to this question. We should to press that inquiry further. The answer of this question is that, that there is no any rule in Islamic law and man mad law to deprive any person from his right by lapse of a specific time, although effect of limitation is an important feature of both judicial systems.

In judicial procedure in both legal systems there is a prescribed time for any action in which an action shall be brought before the court. It's create to save the courts from the litigation of those cases in which witnesses have disappeared and evidence has been lost.

Indeed, limitation and prescription is considered amongst the Islamic Jurists (Fu’qaha), as substantial tool and these are also playing cardinal role in solving problems regarding a case adjudicated before the court in conventional law.

 Thus, the effects of limitation and prescription, are recognized in both Islamic law as well in Conventional law, and have numerous applications in various branches of both laws.

However, the effects of limitation and prescription having all such importance in the field of Shari'ah and law, I didn’t find comprehensive study over it. Therefore, I will try to study this important topic, comprehensively, from the prospective of Shari'ah and Law.

This work will focus on the effects of limitation and prescription in the light of its applications at both Shari'ah and law.

The purpose of this study is to compile a comparative theory of effects of limitation and prescription at Shari'ah and law in maintenance of wife, parents and other relatives.

The outline of this research Paper/work is as follow:

This work is divided into two parts:

 First part deals with limitation of maintenance in Islamic law: Firstly it discusses the limitation of maintenance of wife in the lights of Hanafi ,Maliki, Shafi and Hanbali Schools of thought. Secondly it discusses the maintenance of parents and other relatives in the lights of Shari’ah/ Islamic Law.

Second part deals with limitation of maintenance of wife in conventional law: Firstly, it is discusses the specific Sections/ Articles of Limitation Act   and Secondly it is discusses and analyses the limitation of maintenance in the light of judgments of High Court and Supreme Court.

Third part deals with the comparison of both laws in respect of maintenance of wife parents and other relative.