Analyzing Absentia Verdicts in Civil Cases Through the Lens of Islamic Jurisprudence

Abstract

An absentee judgment in civil cases is a type of judgment issued by the competent court in the absence of the plaintiff based on necessity and to prevent the plaintiff from harming him. This type of judgment seems to be necessary in many situations to maintain judicial order and expedite the resolution of claims. Of course, if the plaintiff has evidence and documents, issuing an absentee judgment in civil cases is permissible. The eminent jurists, may God have mercy on them, disagree on this matter, that Islamic jurists consider such proceedings to be restrictive and consider the plaintiff's right to demand an absentee judgment to be fixed in times of necessity, and in the event of possible harm and loss to the absent plaintiff, the court appoints a subordinate lawyer for him, while the absent plaintiff also has the right to object in the case. The purpose of this scientific research is to conduct a general study of the absentee ruling in civil cases in the light of Islamic jurisprudence, with a focus on the preference of Hanafi jurisprudence, and to answer the question of whether it is permissible to issue an absentee ruling in civil cases when necessary? The importance of the research is to clarify the precise and complete jurisprudential ruling on the absentee ruling in civil cases, which is revealed in this research for the judicial institutions and the public of the Islamic community. The findings of this research show that the absentee ruling in civil cases is permissible and legitimate when necessary. Of course, the research method in writing this article is analytical and descriptive.