Claiming the financial right: A case study in comparative jurisprudence (fiqh)

This study aims to investigate the judgment of someone claiming his financial right from a person who is abstaining to perform the right without taking legal force. The study has found that there are conditions for someone to claim the financial right from a person who is abstaining to perform the right without taking legal force. First, the right to be claimed should be certainly known and not mistaken or deluded such as someone claiming a right which is not for him and try to take it because the person originally is free of any commitment and no one should claim a right which does not belong to him. Second, claiming of a right should not lead to sedition (Fitnah) or terrorize of someone. Third, the performer of the right should be denying or refusing to perform it or has no legal reason to prevent him from fulfilling the right. Fourth, the claimer should not be known with shameful acts such as being thief. Then, the owner of the right can claim his right without taking legal force if the right has been stated to him. But if the right is a debt with someone, then the rule of claiming it will be either allowed or not, and it is better to claim it through the court because most probably will lead to sedition (Fitnah) or argument.