Analysis of Judicial Fiqh Principles in the Context of Civil Procedure

Abstract

Judicial fiqh rules encompass a corpus of regulatory principles that underpin certain legal statutes and provisions within the framework of judicial proceedings or exert a formative influence upon them. From a particular analytical standpoint, these rules are classified into two distinct categories: general and specific. General rules are those that extend their application beyond the sphere of judicial proceedings to other domains of fiqh, including matters of worship and contractual transactions, whereas specific rules are primarily employed within the purview of adjudication and judicial decision-making, notwithstanding their occasional relevance to other topics, as exemplified by the principle (البینه علی المدعی و الیمین علی من انکرو... [The onus of proof rests with the claimant, and the oath with the one who denies.]) This investigation delineates the most prominent judicial rules and examines their practical implementation within civil procedure. A substantial number of judicial pronouncements and propositions related to civil procedure rights are shaped by fiqh principles in instances where legal texts are lacking, ambiguous, or subject to interpretation, with fiqh rules offering essential methodologies to facilitate the interpretation of specific legal provisions.                                                                                  

Keywords: Fiqh principles, Judicial adjudication, Judicial proceedings, Civil procedure.