نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The rule of statute of limitations in positive law is part of procedural and mandatory rules that limit the judicial power of courts in relation to lawsuits over a certain period. This rule refers to the expiration of a period after which a claim can no longer be pursued or adjudicated. Since the obligation to preserve documents and records indefinitely is neither logical nor rational, and considering that the passage of time results in the loss of evidence, not accepting the statute of limitations would cause harm to the defendant and would also present challenges for judges in ensuring justice. Therefore, most legal systems around the world have enacted rules under the title of statute of limitations to prevent the pursuit of stale claims. The Civil Procedure Law of Iran and the Civil Code of Afghanistan also contain provisions regarding the statute of limitations. The majority of classical Imāmī jurists and some Sunni scholars were initially of the opinion that the statute of limitations is not legitimate. However, after the Guardian Council declared the statute of limitations to be contrary to Islamic law by a majority vote, the debate on its legitimacy became more prominent. Some scholars provided arguments in favor of its legitimacy, while others argued against it. This research, using a descriptive-analytical method and library resources from both Imāmī and Sunni jurisprudence, aims to review the viewpoints and arguments of both sides and identify the perspective that is more in line with Islamic principles and public interests. The findings of this study indicate that the statute of limitations in Imāmī jurisprudence, based on certain narrations and legal principles such as the rules of negligence (Tafrīṭ), abandonment (Ihmāl) and waiver (Isqāṭ), acquisition (Ḥiyāzat), governmental rulings (Aḥkām Ḥukūmatī), and the rational necessity of maintaining social order, is considered legitimate. In Sunni jurisprudence, it is deemed acceptable and legitimate based on evidence from tradition (Sunnah), reason (‘Aql), the rule of blocking harmful pathways (Sadd al-Dharā’i’), and the principle of the ruler’s command (al-Amr al-Sulṭānī).
کلیدواژهها English
