Poursuivre un membre de sa famille en justice : est-ce haram ?

Islam's framework for intra-family conflict is arbitration-first. The Quran prescribes arbiters for marital breakdown (4:35) and, for wider believer conflict, commands: 'make peace between them' (49:9), adding 'the believers are but brothers' (49:10) — kinship is the standing context that litigation should respect. Classical fiqh developed sulh (settlement) as a preferred institution — the Prophet himself settled disputes by compromise, and Islamic courts historically encouraged it before judgment; a qadi's strict ruling on a brother was viewed as a community failure if sulh had never been attempted. That said, Islam never abolishes the court: claims of right (huquq) — property, debts, inheritance — are exactly what courts exist to enforce, and 'render trusts to whom they are due' (4:58) is a Quranic command. The Islamic synthesis contemporary scholars teach: pursue reconciliation sincerely first — family mediation, respected elders, an imam; if the other party refuses and injustice continues, using lawful courts is permissible and can even be a duty where dependents are harmed. What remains disliked is litigation as vengeance — the lawsuit filed to wound rather than to recover.