Question: Is it permissible for a man to take revenge and requite one who harms him and persists in harming him, by imposing fines upon him – that he fabricate against him lawsuits and claims, bring him into court proceedings, and make him liable for fines in those proceedings, so that he may be safe from his evil and that he cease his harm?
The answer – and Allah is the One who grants success – is that if a man finds no way to be safe from the harm of his companion except by quarrelling and litigating with him, then it is permissible for him to do so – but on condition that he not bring against him a claim that is outright false; for lying is forbidden and it is not permissible to deliberately commit it. Rather, in his claim he comes with allusive expressions, suggestions, and double-entendres.
The proof for what we have mentioned is what has been established in its proper place: that a person has the right to ward off from himself (harm), and that he must begin with the lighter means and then the lighter (than that). He must not use the sword when it is possible to ward off (harm) with a stick or a whip. In light of that we have said what we said.
If the man finds a way that is lighter than quarrelling, then it is not permissible for him to quarrel. Likewise, all reprehensible things are to be repelled by the lighter means then the lighter; it is not permissible to repel them with what is more severe when it can be repelled with what is lighter.
The proof for that is that Allah, Exalted, has forbidden the blood, skins (bodies), honour, and wealth of the Muslims. There is no doubt that Allah, Exalted, has made it incumbent upon the believers to repel reprehensible things by the texts of the Qur’an. If it is possible to repel the reprehensible without touching the blood, skins, honour, or wealth of the Muslims, then that is the obligation.
If it is not possible to repel it except by means that affect their wealth, or their honour, or their bodies, or their blood, then let that be with the least and lightest amount possible, and no excess is permissible.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2