Preface

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single witness was called in the whole proceedings of the court. This is a serious,
fatal and an incurable error which results in vitiating the whole proceedings of the
court as confirmed on page 224 of the book of Bahjah.
STEP 5
The next line of action after taking evidence in proof of the death, heirs and
estate of the deceased is what is called ''I'izar.'' This procedure is not provided in
the rule. It is, however, necessary on Cadi Courts to observe it not only because it
is an integral part of practice and procedure of Sahria but also because order XXIII
rule III has mandated the courts to apply Islamic law procedure in the conduct of
their proceedings. The rule provides thus:
R. 111. Save in so far as may be prescribed; the practice and
procedure of the court shall be conducted in accordance with the
Islamic Law Sharia.
On page 21 of the famous Islamic book of procedure (Ihkamul-Ahkam)
Commentary on Tuhfatul Hukkam it has been stated thus:
Meaning: before giving judgment a judge must comply with the procedure of I’izar
and two unimpeachable witnesses must certify the compliance that is the chosen
course. Now the question is what is I’izar? I’izar is a pre judgment plea which
enables the parties to a case a final opportunity to go over their respective claims or
ventilate their grounds before judgment. It is synonymous to allocutus under