Overview

Qadiyyah


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A legal proceeding, an action in law, a case, a lawsuit, or a legal dispute. In civil proceedings, it is also called a dawah. The claimant is known as al-mudai and the respondent is al-muda alayh. In criminal proceedings, the defendant is called the muttaham (accused). In all the legal disputes, the burden of proof is against the claimant or prosecutor and there is a presumption of innocence (baraat al-dhimma or al-baraah al-asliyyah) in favor of the defendant or respondent. After the presentation of evidence and witnesses (shuhd), a judge (qadi) renders a decision. The judge's decision is called a qada or hukm. In modern law, the judiciary as a whole is known as al-qada.

Subjects: Islam.


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