Principals of Plaint in Islamic Shariah and Pakistani Law (Analytical, Applied, and Comparative Study)

الدعوى وأحكامها في الشريعة والقانون الباكستاني (دراسة فقهية، نظرية، تحليلية، تطبيقية، دراسة مقارنة)

Abstract

It is a reality that Islamic Shariah stands for the favor of Humans, both in this life and hereafter, and stressed upon providing justice in any kind of situations. In this regard Plaint or Suit is the important part of the Islamic Law and jurisprudence, it stands for one of the basic and important pillar of the court, and claim is the cause and fundamental part. A judge can perform his duty impartially when there is claim with evidence. In the absence of evidence, in support of the claim, the case and the court remain worthless.  Therefore the existence of the judge and the court is based on the claim/ plaint and its accessories, As the Holy Prophet Hazrat Muhammad peace be upon him Said:”     "البينىة على المدعي واليمين على من أنكر" So both the claim and oath are the basic components for the order and decision of a judge. Therefore, in this Article, we have mentioned and described the Plaint and its related issues, in both Islamic and Pakistani law. We have also discussed two legal maxims related. It would be helpful and useful for the students and scholars of this field in the future Inshallah.