FIQH OF THE JUDICIARY AND METHODS OF PROOF AND THEIR APPLICATION IN UAE LEGISLATION

Abstract

The book of Fiqh of the Judiciary and Methods of Proof and Their Application in UAE Legislation explains judicial rulings in Islamic jurisprudence and applies them to UAE law. It defines the judiciary, affirms its legitimacy, and states the ruling on assuming office. It explains its relationship with state institutions and distinguishes it from similar bodies. It sets judges’ qualifications, appointment and dismissal rules, and the roles of judicial assistants, in fiqh and UAE legislation. It defines jurisdiction and its types: subject-matter, territorial, and temporal. It surveys courts, their types, and the ruling on litigation levels. It explains lawsuits, their procedures, conditions, and stages. It presents means of proof in fiqh: documents, confession, bayyina, testimony with oath, and circumstantial evidence. It covers presumptions and their scope, and the question of ruling by personal knowledge. It then presents UAE legal positions on these issues, and explains judgments, their conditions, and effects, ending with annulment in fiqh and UAE law. The book states general objectives, opens each chapter with specific objectives, and ends chapters with questions. It presents differences among the four Sunni schools in a simplified form, and shows where UAE law agrees or differs. It closes with classical and contemporary sources for reference.