What is the linguistic and legal definition of a claim (Da'wa)?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 1 · Bab 1

Open in Qurani

Primary text

Linguistically, a claim is when a person attributes something to themselves, whether ownership, entitlement, a transaction, or similar. Legally, it is attributing to oneself an entitlement to something in another person's possession or debt. The defendant (Al-Mudda'a 'Alayh) is the one to whom the entitlement is attributed as being against him. One opinion defines the claim as a request, citing the verse: {And they will have what they call for} (Quran 30:57). Another view defines the claimant (Al-Mudda'i) as one who seeks by his speech to take something from another's hand or establish a right in his debt, and the defendant is the one who denies this. Furthermore, a claimant is one who does not remain silent if left alone regarding the matter, while the defendant is one who remains silent if left alone.

Supporting text

It is possible for either party to be both a claimant and a defendant, particularly when they dispute the terms of a contract, such that each claims the price is different from what the other stated.