claim (الدَّعْوَى)

claim (الدَّعْوَى)


الفقه أصول الفقه

التعريف :


To file a claim against someone demanding what is one’s right.

المعنى الاصطلاحي :


A statement by which a person requests establishing his due right upon another person.

الشرح المختصر :


"Da‘wā" (pl. da‘āwā) (claim) is a legitimate means to raise one's grievance to the judge. It is a statement made by the person before the ruler or judge in which he demands a right that another person owes him, whether it is to claim a right that he is missing, such as demanding the money that he loaned to another person, or to retain a right that is already in his possession, such as someone who owns property and files a complaint against someone who contests his ownership of that property. "Da‘wā" is either valid, i.e. its conditions are met, or invalid. It can also be categorized, according to the subject matter, into: 1. "Da‘āwā ‘ayn", regarding real estate and the like. 2. "Da‘āwā dayn", regarding a loan or guarantee. 3. "Da‘āwā huqooq Shar‘iyyah", regarding rights such as lineage, alimony, and child support. Some scholars divide "da‘āwā" into: 1. "Da‘wā tuhmah", which means accusing someone of committing a prohibited act that necessitates punishment, such as killing and stealing. 2. "Da‘wā ghayr tuhmah", which means making a "da‘wā" concerning a contract of a sale or the like.

التعريف اللغوي المختصر :


"Da‘wā": ascribing something to oneself. Other meanings: request, wish.