مسائل من الدعاوى و البينات : دراسة فقهية مقارنة

Abstract EN

Judiciary is an important task for nation's existence and their happiness for supporting the grieved, struggling the iniquitous, finishing the disputes and returning rights back to their matures The one who finds himself grieved, the law enabled him to establish a law suit against infringers about some of his rights.

Then law suit is a statement about aright of person by another one, put in hands of a judge.

Islam religion and the law put ways to prove the lawsuit as follow: Recognition, witness, oath and proved official documents The scientists were united about laying a proof by a plaintiff against a defendant to prove his lawsuit ,also thy agreed about an oath that must be given by the defendant in case of non-available evidence by him .

in this case the defendant must give an oath, when the plaintiff has no evidence .

Altogether ,they agreed that the evidence is more valid oath, except ibn Hazim,told that the evidence and oath are equal in validity.

His doctrine here was weak.

The defendant has the right too to bring an evidence, also the evidence is right of the plaintiff.

When both of them put an evident, the case will be different, if the lawsuit should be considered as lawsuit of Absolut property, or limited property, or if he mentioned the reason of the property, or if he mentioned the date of the case or not.

The case will be different when the property is in hands of one of them or in theirs both, or when the property is in hands of others.

The hanafees and the hanbala privilege mostly in this aspect the evidence of plaintiff against the defendant, who has the property in his own, meanwhile the malikees and shafi'is privilege often the evidence of the defendant, who has the property in his own against the plaintiff who is abroad.

We studied three issues in this research, the was : The plaintiff and the defendant put an evident about the absolute property, and the possession is in hands of the defendant.

The second issue is: both of them put evidence, and the possession is in hands of others .

In the third issue I mentioned that both external plaintiffs put the evidence concerning his lawsuit, one of them mentions the date of this money's possession.