General conditions of proof in Islamic law

Sharhabeel Ali Jabber BniYaseen
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Sharhabeel Ali Jabber BniYaseen: University of Jordan, Jordan

Journal of Social Sciences (COES&RJ-JSS), 2019, vol. 8, issue 3, 481-494

Abstract: The present study aims at studying a particular subject from Ithbat (Proving), which is general conditions of Ithbatin the Islamic sharia. Ithbatindicatesthe judicial Ithbat. This research is characterize by having the subject on the four judicial doctrines:Hanifah, Malki, Shafie, and Hanbely. This research includes three main subjects. The first subject consists of the definition of the condition and Ithbatin the language and Islamic sharia and law. However, the second subject includes the importance of Ithbat in the judicature. Finally, the third subject indicates the general conditions of Ithbat.The study concluded to a set of results, and the most significant are: Ithbat has general conditions, which are necessary for any mean of Ithbat means, and other private conditions for any mean. Hence the generalconditions are the main interest of this study. However, the researcher concluded to seven general conditions for Ithbat in the Islamic sharia, which indicated in the judicial Islamic doctrines. As well as, the study concluded that Ithbathas a significance importance that the judge cannot release the judgment without a proof, and here comes the role of Ithbatin conflicts settlement.

Keywords: Islamic Sharia Judgment; Ithbat; disputes (search for similar items in EconPapers)
Date: 2019
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