Article Title

Judicial Guarantees for Trial in Absentia: A Comparative Study on the Kuwaiti Procedural Law

Authors

Mohamed El Mahmoud Dr., Assistant Professor at the College of Sharia and Islamic Studies Department of Comparative Jurisprudence and Sharia Policy, Kuwait UniversityFollow

Abstract

This study aims to explore the guarantees the Muslim jurists have indicated while giving a judgment in absentia, such guarantees designed to achieve justice between the litigants and safeguard the right of the absentee, as well as drawing a comparison with the Kuwaiti law.

The study consists of an introduction, preface, four chapters and a conclusion. The chapters addressed the issue of judgment in absentia from the standpoint of the Islamic jurisprudence and the disagreement arose among then, evidence, discussions and counterbalancing, it involved seven guarantees, it also tackled the guarantees of the justice secured by the Kuwaiti law to the absentee, it involved five guarantees, then came the conclusion, in which a comparison was drawn between the Islamic Jurisprudence and the Kuwaiti Law regarding the guarantees of judgment in absentia.

The researcher applied the descriptive, inductive, deductive and comparative method. The researcher has found the following:

The judgment in absentia included the temporal phrases of litigation in all its detail, which indicates the quality of comprehensiveness and enrichment of the Islamic jurisprudence compared with the positive law, such distinction was embodied in some guarantees such as the judgment in absentia, however, but it limited to the rights of people not those of Allah, along with ensuring appointing an attorney to encounter the case of the plaintiff, but the legal guarantees are taken as precautionary procedures to preserve the right of the absentee, that the Islamic jurisprudence contains no text that prohibits utilizing it.

The study recommends increasing the interrelated studies between the Islamic jurisprudence and law in order to enrich and bridge the legal gaps, in addition, such type of studies often lead to high quality outcomes that are supported by integrated information.

Recommended Citation

El Mahmoud, Mohamed Dr. (2020) "Judicial Guarantees for Trial in Absentia: A Comparative Study on the Kuwaiti Procedural Law," مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 83: No. 83, Article 6.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol83/iss83/6