Qadiyyah
Definition
Qadiyyah (قضية) - A legal proceeding, an action in law, a case, a lawsuit, or a legal dispute within the framework of Islamic law. Also referred to as ‘dawah’ in civil proceedings.
Etymology
The term “Qadiyyah” (قضية) is derived from the root word “qada” (قضى), which means to judge, decide, or decree.
Key Concepts
Roles in Qadiyyah:
- Claimant (Al-Mudai) - The individual who brings forth a lawsuit or legal action.
- Respondent (Al-Mudaa Alayh) - The person against whom the lawsuit is brought.
- Defendant (Al-Muttaham) - In criminal proceedings, the accused party.
- Judge (Qadi) - The individual who presides over the legal proceedings and renders a decision.
Principles:
- Burden of Proof: Lies with the claimant or prosecutor.
- Presumption of Innocence: Known as ‘baraat al-dhimma’ (براءة الذمة) or ‘al-baraah al-asliyyah’ (البراءة الاصلية), the presumption in favor of the respondent or defendant.
- Presentation of Evidence and Witnesses (Shuhd): The process wherein the parties present their supporting evidence and call upon witnesses to testify.
- Judgement (Qada or Hukm): The final decision rendered by the judge.
Arabic and Turkish Translations
- Legal Proceeding (قضية):
- Arabic: قضية
- Turkish: Dava
- Claimant (المدعي):
- Arabic: المدعي
- Turkish: Davacı
- Defendant (المتهم):
- Arabic: المتهم
- Turkish: Sanık
- Judge (قاض):
- Arabic: قاض
- Turkish: Kadı
- Proof of Innocence (براءة الذمة):
- Arabic: براءة الذمة
- Turkish: Masumiyet Karinesi
Further Reading
- “An Introduction to Islamic Law” by Wael B. Hallaq
- “Islamic Jurisprudence” by Imran Ahsan Khan Nyazee
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
- “Islamic Law in Modern Times” by Ian Edge
Takeaways
- Qadiyyah refers to any legal proceeding rooted in Islamic jurisprudence.
- Integral participants include the claimant, respondent, defendant, and judge.
- A robust system of evidence and proof underpin the process, with an innate presumption of innocence for the accused.
- Understanding Qadiyyah offers insights into the broader judicial system (al-qada) within Islamic legal tradition.
Conclusion
Understanding the concept of Qadiyyah is crucial to grasping the structure and principles of Islamic law, particularly in how disputes are managed, evidence is presented, and judgments are rendered. The Arabic legal terminology and the cultural context within which these proceedings operate are fundamental to navigating Islamic jurisprudence effectively.
