Khusuma (dispute and litigation)

الخصومة

Khusuma is lexically dispute, argument and victory by proof; the jurists use it for bringing a claim before the judge. ¹ It differs from enmity, a purpose lodged in the heart to harm or avenge; disputing is speech, enmity is an act of the heart. ¹² The Hanafis define a claim as an accepted statement before the judge seeking a right against another or defending one's own, so for them claim and dispute coincide; the Shafiis define it as news of a right against another before a ruler. ² A dispute is of two kinds: one in which a party stands alone, as one whose admission would bind him is a disputant when he denies; and one needing another party, as in deposit, loan, hire, pledge and usurpation. ² Rule: a claimant is a disputant if his admission would bind; a respondent whose admission cannot bind (a claim for debt against a minor's guardian) is not a disputant by denying. ²