IḤẒĀR (احضار)
Definition
IḤẒĀR (احضار) refers to a formal summons or citation requiring an individual to appear before a Qāẓī (قاضي) or judge in an Islamic court. This legal term is crucial in the administration of justice within the framework of Islamic law, or Sharia.
Etymology
The term “IḤẒĀR” is derived from the Arabic root “ح-ض-ر” (ḥ-ḍ-r), which generally means “to be present” or “to attend.” In this legal context, it connotes the act of making someone present at court proceedings.
Arabic Translation
- احضار (IḤẒĀR)
Turkish Translation
- Davetiye (summons in a legal context)
Significance in Islam
In Islamic jurisprudence, IḤẒĀR holds significant importance as it ensures that individuals are present to address complaints, disputes, or charges brought against them. This is a principle that underpins the right to a fair trial, a fundamental aspect of justice in Islamic law.
Process
- Initiation: The process begins when a complaint or case is registered with the judicial authorities.
- Issuance: The Qāẓī issues a formal IḤẒĀR, instructing the presence of the individual.
- Delivery: The summons is delivered to the concerned party, often by court officers or other authorized officials.
- Response: The individual appears before the Qāẓī on the specified date to respond to the case.
Books for Further Study
- “An Introduction to Islamic Law” by Joseph Schacht
- “Islamic Law: Theory and Practice” edited by R. Gleave and E. Kermeli
- “The Justice of Islam” by Lawrence Rosen
- “Shari’a: Islamic Law in the Contemporary Context” edited by Abbas Amanat and Frank Griffel
Takeaways
- IḤẒĀR is a critical component of the Islamic legal system, ensuring the presence of parties in legal proceedings.
- The term is rooted in the Arabic idea of presence and attendance, emphasizing its judicial importance.
- Knowledge of IḤẒĀR contributes to a deeper understanding of Islamic jurisprudence and the administration of justice.
Conclusion
The concept of IḤẒĀR exemplifies the structured approach of Islamic jurisprudence towards ensuring justice and fair trial. Given its significant role in the legal system, comprehending this term allows for better insights into the processes and principles that govern legal proceedings in Islam.
