Judge aiding a litigant (إِعْداءٌ)

Judge aiding a litigant (إِعْداءٌ)


أصول الفقه

المعنى الاصطلاحي :


Fairness of the judge and his aiding a litigant against the one who wronged him.

الشرح المختصر :


"I‘dā’" (judge aiding a litigant) is a fair dealing of a judge with a litigant and his antagonist, and responding to the request of an oppressed litigant by bringing the transgressor to court, questioning him, and establishing the evidence against him. A judge has a choice in aiding a litigant by either sending one of his assistants to bring the transgressor in front of him, or putting his seal as a sign that the transgressor is ordered to be presented before the judge, or he can combine the two actions according to the strength or weakness of the litigant. An example of "i‘dā’" is if a woman asks a judge to judge fairly between her and her husband, who has transgressed against her. The request from the wife is called the "‘adwa", the action of the wife is called "isti‘dā’", and the action of the judge is called: "i‘dā’". "i‘dā’" or "isti‘dā’" is a form of forbidding evil and one of its stages, because changing evil has stages; the first step is admonition and warning, then reprimand and censure. Next comes the stage of changing with hand, and the final stage is filing a lawsuit (referring the issue to the authority).

التعريف اللغوي المختصر :


"I‘dā’": revenge and defending oneself. "‘Adwa" and "isti‘dā’": asking for reprisal against an oppressor and getting help against him. Other meanings: offering support and power.