Preface

61
Where this distinctive feature of proof is lacking from a court proceedings,
the proceedings of that court, no matter how well conducted, cannot be
called a judicial proceedings.
5. The burden of proof under Islamic law is on the plaintiff. Where the plaintiff
fails to discharge that burden, then the defendant is asked to subscribe to
what is called "Judicial/Exculpatory Oath" to entitle him to judgment where
the claim is pecuniary in nature or same is based on claim of a disputed
property of monetary value.
6. The procedure for conducting a trial under Islamic law succinctly stated is
as follows:
(a) The plaintiff shall state his case or claim before the court which claim
must be a valid one satisfying all its prerequisites,
(b) The defendant is then asked to respond to same by either admitting the
claim or denying same,
(c) Where the defendant admits the claim the case ends there and
judgment is entered for the plaintiff based on the admission,
(d) Where the defendant denies the claim, the plaintiff is asked to produce
his witnesses which, in pecuniary claims or actions based on claim of
properties of monetary value, must be:
(i) Two male witnesses or;
(ii) One male witness and two female witnesses or;
(iii) One male accompanied with the claimant's oath or;
(iv)
Two female witnesses and claimant's oath,