Types of Settlement

**General Types:** **1.** Settlement between spouses when discord or husband's aversion is feared. **2.** Settlement between two fighting groups of believers. **3.** Settlement between Muslims and warring disbelievers. **4.** Settlement between disputants in non-financial matters. **5.** Settlement between disputants in financial matters - **this is our focus**. --- **Financial Settlement with Acknowledgment:** **A. Settlement by Discharge (Sulh al-Ibra'):** Settlement on the same type as the acknowledged right. Like when someone acknowledges a debt or item to another, then the claimant waives part of the debt/item and takes the remainder. This is discharge from part of the debt by the term "settlement." - **Condition:** The claimant must be capable of charitable giving, and it must not be conditioned in the acknowledgment. **B. Settlement by Exchange (Sulh al-Mu'awadah):** Settlement on the acknowledged right with something of a different type. Like acknowledging a debt or item, then settling for compensation of a different type. - Takes the ruling of **sale** (if for goods) - Takes the ruling of **lease** (if for benefit) --- **Financial Settlement with Denial:** When someone claims against another for property or debt, and the defendant denies or is silent due to ignorance. Then they settle the claim with immediate or deferred payment. - Valid if the denier believes the claim is false - he pays to avoid the dispute and protect his oath - The claimant believes the claim is valid - he takes the money as compensation for his established right