یک طرفہ فیصلے کا شرعی جائزہ

Islamic review of one sided judgments

Abstract

Disputes are referred to arbiter/judges for settlement and Determination of rights. Similarly the compensations and penalties in penalty and punishment are also determined through lawsuit, and no one can claim his right without referring the judge. The importance of lawsuit is mandatory for judgment i.e. the judge should settle the dispute only when claim or lawsuit is filled by the parties. One sided judgments or judgments in absentia of a party is incorrect in Islam. Because judgments are based on arguments which depends on, Witness confessions and denials. These are not found in judgments in absentia. But as per Islamic jurists some legal exceptions are that if the absent witness presents himself later, then the earlier judgment will be cancelled.