At a glance
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- The Prophetic Era
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- Global / Diaspora
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Summary
In technical usage a claim (da'wa) is a statement by which a person seeks to establish a right against another before a judge or an arbiter. The jurists of the majority count four pillars: the claimant, the defendant, the thing claimed, and the statement itself. Claims differ in soundness and in the kind of thing claimed, and a valid claim must meet conditions on the statement, the parties and the subject. 1 2 3
Meaning
Linguistically the word is a noun of the verb to claim, with senses of request, supplication and assertion. It is not applied to a statement backed by proof and demonstration: such a statement is true and its maker is right, not a claimant. 1
Distinctions
Ruling
A claim is a statement made before a court. It is forbidden when it is false and the claimant knows or strongly suspects this, and permitted when the claimant believes he is right, unless it is brought to harm another. 6
Claimant and defendant
The burden of proof lies on the claimant; the defendant is held to his denial, sworn if the claimant has no proof. Jurists differ in how to tell them apart. Majority Maliki and Shafi'i opinions look at which side is backed by a presumption, custom or circumstance; the Hanafi and many others ask who is compelled to pursue the matter if he drops it. 2 7 8
Kinds of claim
Claims are classed as sound, defective (fasida, mainly in the Hanafi usage, or naqisa in the Shafi'i usage), void, and claims whose hearing is barred by lapse of time or by ruling. They are also classed by subject: claims of criminal charge, claims of a specific thing (property or land), claims of debt, and claims of pure legal right such as lineage, marriage, custody or pre-emption. 3 9 10 11 12 13
Conditions
The statement must not contradict an earlier statement of the same claimant, must be firm rather than tentative (except in criminal accusations), and the claimant must be a party with standing. The subject must be known, must be possible to prove, and must bind the defendant if proved. Juristic opinions differ on each of these points, and the encyclopedia records the variants. 14 15 16 17 18 19 20
Procedure
Ending
People and things also explored
Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8116
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8118
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8127
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8156
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8164
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8117
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8119
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8122
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8128
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8129
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8130
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8131
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8132
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8134
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8137
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8138
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8140
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8145
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8153
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8155
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8159
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8160
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8161
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8162
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8165
Cite this page
islam.museum contributors. “Claim before the judge (legal sense of da'wa)”. islam.museum, https://islam.museum/en/concept/dawa-legal/. CC BY-SA 4.0. Last updated 2026-10-23.