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12. Settlement (Ṣulḥ)

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  • Ruling 2170

    A settlement is when a person compromises with someone to make the latter the owner of part of his property or the usufruct of his property, or to relinquish a claim or a right of his. The other …

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  • Ruling 2171

    A person who settles his property with someone must be of the age of legal responsibility (bāligh), sane (ʿāqil), and he must have an intention (qaṣd) to settle. Furthermore, no one must have compelled him [to settle], and …

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  • Ruling 2172

    It is not necessary for a formula (ṣīghah) to be said [in order for a settlement to be valid, or for it to be] in Arabic; rather, it is valid by means of any words or actions that …

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  • Ruling 2173

    If a person gives his sheep to a shepherd so that, for example, he takes care of them for one year and uses their milk, and in return he gives that person an amount of oil, then, in …

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  • Ruling 2174

    If a person wishes to settle a claim or right of his with someone, it will be valid only if the latter accepts. However, if he wishes to relinquish a claim or a right of his, the acceptance …

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  • Ruling 2175

    If a person is aware of the amount he owes but his creditor is not aware of it, then, in the event that the creditor settles the debt for an amount that is less than the actual amount …

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  • Ruling 2176

    If two people have property that is in the hands of the other or they owe each other some property and they know that one of the two properties is more than the other, in the event that …

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  • Ruling 2177

    If two people are owed by one person or by two persons and the creditors wish to arrive at a settlement between themselves with respect to the debts, in the event that it does not amount to usury …

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  • Ruling 2178

    If someone is owed something that he can claim after a certain period, in the event that he settles the debt for a lower amount with the intention of relinquishing his claim to part of the debt and …

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  • Ruling 2179

    If two people conclude a settlement with each other with respect to something, they can annul the settlement with each other’s consent. Also, if in the transaction (muʿāmalah) they stipulate a right for both or one of them …

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