lapse of time (التَّقَادُمُ)
الفقه أصول الفقه
التعريف :
That time rolls on with a right, mandatory punishment, complaint or judgement remaining unsettled.
المعنى الاصطلاحي :
The lapse of a specific period of time after which the claim for a right may not be filed, or the execution of a judicial verdict is dismissed.
الشرح المختصر :
"Taqādum" (limitation period) applies when a person does not make a claim to a right for a long period of time specified by the law; thereby, his right to have his claim heard is waived. Failing to file a claim and demand one’s right for a long time despite the ability to do so is proof that the person is apparently undeserving of that right. Hence, this becomes an impediment to hearing the claim in order to prevent fraud and swindle.
التعريف اللغوي المختصر :
"Taqādum": lapse of a long period of time that renders something outdated or no longer effective. It is derived from "taqaddum", which means precede. Opposite: "hudooth" (occurence).