The payment of dispute in Islamic jurisprudence

Nasser Mohammed Al-Ghamdi The Prevention of Litigation in Islamic Jurisprudence A Jurisprudential and Fundamental Study Authored by Dr. Nasser bin Mohammed bin Mashdi Al-Ghamdi In the name of Allah, the Most Gracious, the Most Merciful Summary of the research Praise be to Allah, Lord of the worlds, and prayers and peace be upon the sent one, a mercy to the worlds, Muhammad bin Abdullah, and upon his family and companions altogether. After: The issue of preventing litigation is one of the most important jurisprudential issues related to judiciary in Islamic jurisprudence, which ends disputes and resolves conflicts. It is a legitimate right granted by Islam to the defendant; to defend himself against the litigation. Because among people are claimants who are false, claiming against others without right, eating their wealth unjustly, and shedding their blood unlawfully. Islam granted this right to the defendant to defend himself, and made it among the obligatory duties of judges, requiring them to allow the litigants to defend themselves using legitimate means, presenting evidence and proofs that demonstrate their truthfulness or the falsehood of their opponents. It is also among the most important issues discussed in the court, and it is necessary for judges to understand it properly; so that when they issue judgments in cases, they do so after warning the parties, clarifying the matter, and convincing both sides of the dispute. This research is a fundamental jurisprudential study of this issue in Islamic jurisprudence. It clarifies its meaning, the difference between it and the dismissal of a claim, its ruling, the evidence for its legality, conditions for its acceptance, its forms, means of proof, and the consequences it entails. It also includes illustrative examples of the issues discussed and various forms of preventing litigation. I have proceeded with this research according to a scientific methodology explained in the introduction, relying on authoritative jurisprudence books, benefiting from modern studies in the field of judiciary and claims, referring to the collections of jurisprudence and the prophetic Sunnah. I have reached some conclusions, which I include in the conclusion. I ask Allah for success and guidance, to grant me sincerity in speech and action, and to benefit me and my Muslim brothers with this work. And Allah knows best. May Allah's peace, blessings, and mercy be upon Muhammad bin Abdullah, and upon his family and companions altogether.