Definition of Obstacles
Ahlam Hassan Jassim Abdul Karim
Supervised by Asst. Prof. Dr. Fawaz Hamdan Aboud
Obstacles in the language:
Active participle from the quadriliteral verb ‘awqa’: It is stated in Al-Sahah: “He hindered him from such-and-such, and ‘a’taquhu’ means he detained him and diverted him from it, and the obstacles of time: the preoccupations of its events, and ‘a’taq’ means he was discouraged, and ‘a’taq’ means he was discouraged” (1), and it is stated in Taj Al-‘Arus: “Handicapping and diversion. It is said: ‘A’taquhu from such-and-such,’ if he detained him and diverted him” (2) A.H.
From this is the saying of the Almighty: (Allah knows those among you who hold back, and those who say to their brothers, ‘Come to us,’ and they do not come to battle except a little) (3) It is stated in Al-Muharrir Al-Wajeez: “The obstructors are those who prevent people from supporting the Messenger and prevent them with words and actions from that and strive for religion, and you say: such and such a matter obstructed me and obstructed me if you exaggerate and weaken the action” (4).
Obstacles in terminology:
I did not find a specific terminological definition for obstacles, and by looking at the linguistic meaning we can say: Obstacles in the field of litigation are: “The deterrents that prevent the litigant from reaching the judiciary”.
Statement of the definition’s vocabulary:
1. Deterrents: Plural of deterrent and refers to the things that occupy the litigant and prevent him from reaching the judiciary.
2. Litigant: In the usage of it, it refers to the one who pleads before the judiciary to obtain the ruling, whether he is a man or a woman. Judgment is a noun that suffices and refers to the ruling issued by the judge against the opponent
and by which the litigant obtains his right. (5)
(1) Al-Jawahiri, Abu Nasr bin Hammad, Al-Sahah Taj Al-Lugha Al-Arabiyyah, 4th edition, Dar Al-Ilm, Beirut, 1987, (22/5) article (obstruction).
(2) See: the previous source (224/26) entry (Oaq).
(3) Surah Al-Ahzab, verse (18).
(4) Abu Muhammad Abd Al-Haqq bin Abd Al-Rahman, Al-Muharrir Al-Wajeez, 1st ed., Dar Al-Kutub Al-Ilmiyyah, Beirut 1422 AH, (432/4).
(5) See: Muhammad bin Makram bin Ali, Lisan Al-Arab, 3rd ed., Dar Sadir, Beirut 1414 AH (267/7) entry (Thabt).