المرافعات الشرعية دراسة مقارنة بالقانون المالديفي /
This study analyses the concept of civil trial procedures in accordance with the Islamic Jurisprudence with a comparison to the Maldivian civil procedures. The focus of the study is on lawsuits and its related issues. The study examines lawsuits and its meaning in accordance with the terminology of...
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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyat Ma'arif al-Wahy wa al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah bi-Maliziya,
2007
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8666 |
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| Summary: | This study analyses the concept of civil trial procedures in accordance with
the Islamic Jurisprudence with a comparison to the Maldivian civil procedures. The
focus of the study is on lawsuits and its related issues. The study examines lawsuits
and its meaning in accordance with the terminology of Shari`ah. It explains the criteria
to differentiate between a plaintiff and a defendant in a lawsuit in accordance with
various opinions of Muslim juristic scholars of different schools of thought with
emphasis on the importance of granting the right to defend the claims of the
defendants. This study also deals with issues related to trials in absentia and means of
summoning the defendant to the court in the light of various schools of thought. In
addition, the study assesses the importance of conducting public trials in order to
avoid accusation of unfairness in making judgments. The research has adopted the
descriptive, inductive, analytical and deductive methodologies to prove the suitability
of Islamic civil proceedings to undertake various lawsuits. This study intends to prove
whether the procedures administered in the Maldivian court system are in accordance
with Islamic basic principle of civil procedures, while exploring the areas of
improvement to be made in the system so that it is more systematic and fairer to all
the parties. |
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| Item Description: | Abstracts in Arabic and English. "Bahth takmili li-nayl darajat al-Majistir fi 'Ulum al-Wahy wa-al-Turath (al-Fiqh wa Usul al-Fiqh)."--On t.p. |
| Physical Description: | ن، 142 leaves ; 30 cm. Also available on 4 3/4 in. computer optical disc. |
| Bibliography: | Includes bibliographical references (leaves 128-142). |
| Access: | Access for fulltext of thesis is provided through digital format. |