قاعدة هل القضاء إخبار أم إظهار وفروعها الفقهية

الملخص EN

The will of Allah almighty required that a person to live with others of his race on this planet (earth), according to roles and tasks that they share in an integral way because it is impossible for one of them to fulfil all interests and this coexistence requires making relations and linkages between people, whether they are social, economy or not.

it is hoped that these relations to be positive and beneficial, but sometime they are not positive or in non convincing case such as physical assault or assault on property, rights whether material or moral, here, things must be put in the right place and return the rights of their owners to move the wheel of life again and return the compass of return between people to the situation in which the positive is described, this accurate and dangerous task at the same time by which the judiciary protects and preserves sanctities and rights and prevent attacks against them in any capacity, in this regard, the judiciary seeks to show justice and fairness among the litigants and take into account a balance between the rights considered; according to the mechanism used to separate the disputers and returning the rights to their owners.

the judge has a great responsibility by which he should return the rights to their owners through proof of the validity of the evidence or testimony in which the right is proven, in addition to hearing all parties (the plaintiff and the defendant) and the defendant's absence may be an excuse to justify the litigation procedures until he returns.