The Condition of Knowledge of the Claimed Thing (An Applied Jurisprudence Study)

Abstract

The research discussed the disagreement of the jurists on the condition of knowledge of the claimed thing in view of specific elements, namely:  settlement of the subject matter of the dispute, jurisprudential statements, evidences of the statements and objections, reason of the disagreement, weighing and its benefit. Then, the researcher clarified the methods of the knowledge of the claimed thing, criterion and forms of the matters excluded from the conditions.

In the applied aspect, the researcher mentioned two judicial rulings, one of which is issued by the administrative court and the other is issued by ordinary court. Thereafter, the researcher concluded his research with the most important results and recommendations.

The importance of the research is manifested in the fact that condition of knowledge of the claimed thing is related to one of the elements of the lawsuit, namely the element of the claimed thing. This element is related to lives, honour and property of the people and it is one of the matters which the Sharia recommends to maintain. This element (the claimed thing knowledge) also combines induction of the matters to be used as a reference, theoretical coining and practical application. 

Reasons of selection of the research: the research has a jurisprudential judicial aspect and another statutory aspect, where the research investigated the jurisprudential aspect briefly, while clarifying the statutory position regarding the matter and the judicial application.

The researcher proceeded with the study guided by the comparative approach, mentioning settlement of subject matter of the dispute and statements of the jurists on the matter. The researcher also depended on the descriptive approach by reference to a set of judicial rulings and resolutions and indication to the provisions stipulated in Sharia Procedural Law and judicial circulars. Moreover, the researcher depended on the analytical approach mentioning and analyzing some judicial rulings.