THE HISTORICAL DEVELOPMENT OF THE LAW OF LIMITATION AND ITS ORIGIN IN SHARIA AND LAW

Abstract

Everything has a base and origin and with the passage of time it is going to develop and improve. Knowledge and arts is also started from a basic and has a historical background. The Law is a basic element for a system and country and without law a system cannot run. Law has many branches and one of them the law of limitation which has main rule in the legal system of a country. Law of limitation forbade any litigant from litigation after lapse of time. So a question is arise that there was any concept of this law in any legal system as well as what is the historical background of this law and its origin? The answer of this question has given that in early legal systems we can find the concept of law of limitation in civil and criminal systems. Another question raised and asked that is there any concept of this law in Sharia? The answer is also positive and we also find and according to Islamic law there should be an end for litigation and a time frame for every case. We have to know that both legal systems discussed the question of limitation and its importance although both systems are agree on one point that no can any person deprived from his right by this law.   The main purpose of this law is to save the time of courts from those cases which was not brought before the court for long time. So according to Sharia and Man mad law there is specific time for every case and after lapse of this time the question of limitation will be raised before the court. In this study I have to discuss the origin and development of this important law in both legal systems i.e. Sharia and conventional law because this law having very importance in court procedure therefore I selected this topic for research in this prospective. This study will discuss the history and origin of this law in early legal systems as well as in Islamic legal system. The main object of this study is to analyses the   history and origin of law of limitation. The outline of this study is as follow: This research has two chapters: First chapter deals the historical background and origin of law of limitation in Sharia and old era of legal system: Firstly it discusses the origin and development of law of limitation in Islamic law. Secondly it discusses the historical background and origin of law of limitation in old era of conventional legal systems. Second chapter deals with the modern era of law of limitation.

Keywords: Historical Development, Law, Limitation, origin, ShariaLaw.