Abstract

As one of the prominent procedure Islam provides for the ways of commencing action in the Islamic courts. This paper discusses the jurisdiction of the court to entertain a suit filed before it. The conventional courts provide for procedure of filing matters in their courts and these filings of court processes are filed differently. The ways of filing civil action in a magistrate court is different from the way of filing criminal matters in the same courts. Islamic courts are no exceptions to these rules, the ways of filing civil matters is different from the ways of filing criminal matters in the Islamic courts and failure to follow the procedural rules will amount to dismissal of such action. This paper focuses on the ways of filing civil action in the Islamic courts and the views of the Islamic scholars are employed in order to support the procedure as laid down in Islamic law. The paper is doctrinal in nature. The paper will also educate the academician and non-academician alike.