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General procedure for civil cases.

Published: 25/08/2011 01:01:00 PM GMT
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How are civil cases carried out and decided in an Islamic court of law?


Answered by

the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî

In brief, when a plaintiff takes his case before the court, he will first be asked to present his case. Then the defendant will be questioned. If he acknowledges the plaintiff’s claim, the judge will rule in favor of the plaintiff.

If the defendant denies it, then the judge will ask the plaintiff to bring his evidence (witnesses, for example). If the plaintiff successfully proves his case, then the judge will rule in his favor. If he fails to do so, the defendant will be asked to testify under oath. If he does so, the judge will rule in the defendant’s favor. If the defendant refuses to do so, the judge will rule in favor of the plaintiff who will be asked to give his statement again under oath.

A civil case may be decided through the defendant’s confession, by evidence provided by the plaintiff, or by the defendant’s oath.

Evidence that is presented by the plaintiff is to be scrutinized.

This is a very brief overview of civil court preceedings. This is a subject about which countless volumes can and have been written.

Source: Islam Today




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