Limitation of hearing: An analysis in the light of Islamic Laws
Abstract
Islam is the complete code of life. It deals with the
all aspects of life. One of the aspects of life is Da’wa (claim).
State or assert that something is the case, typically without
providing evidence or proof is called Da’wa (claim). The
Legitimacy of Da’wa (claim) is proved from the early scholars.
There are basically three types of Da’wa (claim). (1)Da’wa
Sahih (right Da’wa) (2) Da’wa Fasid (Corrupt claim) (3)
Da’wa Batil (False claim). The Ruling of Da’wa (claim) is,
when the claim is filed correctly according to its terms, the
ruler have to do justice.
Sources of proving claim in Hanfi schools of thought are as
follow:
1) Endorsement 2) Testimony 3) Right 4) We talk about the
right 5) Qarina e Qatiya 6)Knowledge of Judge 7) Quotes They
are referred to as the “Beeyana” in the phrase of
jurisprudence.
Hearing of claim is unanimously agreed by all schools
of thoughts. The duration for the hearing are of tow types,
firstly, when it is set up by the Fuqaha, its duration is 32 years
and it is unchangeable. Secondly, when it is set up by the ruler,
its duration is 15 years and it is changeable.
In today’s era form submission of case to its hearing
in court are different stages which are as follow:first pleading to suit 2) orders 3) payment to a witness
for giving evidence in court 4) summons, order to appear in
court 5) Application in the name of Tehsildar 6)reply of
Claim 7)list of witnesses (plaintiff and Mediator) 8) list of
parents (plaintiff and Mediator) 9)Topic of Claim 10)
Template degree 11) Decision 12) Registered.
Ulfat Hussain, Sahabzada Baz Muhammad. (2020) دعوٰی کی میعاد سماعت: شرعی قوانین کے نتاظر میں ایک جائزہ, The Islamic Shariah & Law, Volume-02, Issue 1.
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