Muddaʿī-ʿAlaih (مدعى عليه)
Definition
Muddaʿī-ʿAlaih (مدعى عليه) – In Islamic legal terminology, Muddaʿī-ʿAlaih refers to the defendant in a lawsuit. This is the individual against whom a claim (دعوى, da‘wā) is made in court. The term is used in various Islamic legal systems including Sharia courts.
Etymology
The term Muddaʿī-ʿAlaih is derived from Arabic roots:
- Muddaʿī (مدعى) meaning “claimant” or “plaintiff”
- ʿAlaih (عليه) meaning “against him”
Combining these, Muddaʿī-ʿAlaih (مدعى عليه) literally translates to “the one against whom a claim is made.”
Arabic and Turkish Translations
- Arabic: مدعى عليه
- Turkish: Davalı
Role in Islamic Legal Context
In the structure of an Islamic court case, the Muddaʿī-ʿAlaih holds a crucial role. Islamic jurisprudence (Fiqh) relies heavily on evidence and testimony. The process typically follows these stages:
- Claim by Muddaʿī: The plaintiff (Muddaʿī) files a claim or accusation.
- Summons of Muddaʿī-ʿAlaih: The court summons the defendant.
- Presentation of Evidence: Both parties present their evidence and argue their case.
- Witness Testimony: Witnesses may be called to testify.
- Judge’s Ruling: Based on evidence and testimony, the judge (Qadi) delivers a verdict.
The Muddaʿī-ʿAlaih is responsible for defending themselves against the claims made, requiring a balanced approach to ensure justice as per Islamic principles.
Books for Further Studies
- “Islamic Jurisprudence: An Introduction” by Mohammad Hashim Kamali
- Comprehensive introduction to the principles of Islamic jurisprudence.
- “Fiqh al-Sunna” by Sayyid Sabiq
- Detailed look at Islamic laws, providing context into various legal terms.
- “An Introduction to Islamic Law” by Wael B. Hallaq
- Overview of Islamic legal traditions and their historical applications.
Takeaways and Conclusion
- Muddaʿī-ʿAlaih (مدعى عليه) is a key term in Islamic law referring to the defendant in a lawsuit.
- The term combines the Arabic words for “claimant” and “against”, indicating its legal context.
- Understanding the role of Muddaʿī-ʿAlaih is critical in comprehending how Islamic courts function and ensure justice.
- Further reading and studies into Islamic jurisprudence can provide deeper insight into the function and roles within Islamic legal proceedings.
Understanding the intricacies of terms like Muddaʿī-ʿAlaih helps one appreciate the complexity and depth of Islamic jurisprudence.
