Al Ain Court of First Instance rejected a lawsuit filed by a woman in which her friend and husband demanded the refund of 45,000 dirhams that the friend had borrowed for her husband’s benefit.
In detail, a woman filed a lawsuit against her friend and her husband, demanding that they jointly pay her 45,000 dirhams and the legal interest at 12% annually until full payment.
During the consideration of the case, the court decided to direct the decisive oath to the two defendants, so they swore to it in the form of “I swear by Almighty God that I did not receive from the plaintiff an amount of 45,000 dirhams as a loan, and that my debt to the plaintiff is not occupied with the amount claimed, and God is a witness to what I say.”
In the ruling’s rationale, the court stated that the general principle in Islamic Sharia stipulates that the evidence is for the one who claims and the oath is for the one who denies, because the original acquittal and its preoccupation with it is contingent and the proof falls on the one who claims to violate the originally established, whether a plaintiff or defendant.
She explained that it is established that the plaintiff instituted her lawsuit against the defendants for their claim of the amount of 45,000 dirhams delivered to them on the loan, and relied on the conscience of the defendants and directed them to the decisive oath and the defendants took the decisive oath not to preoccupy their responsibility to the plaintiff with the amount claimed, and therefore the decisive oath will be taken The dispute was resolved by proving that the defendants did not pay the plaintiff a preoccupation with the amount claimed, and the case lost its legal basis, which is the case with which the judiciary must reject it.
#woman #accuses #friend #borrowing #thousand #dirhams #refusing #pay