Course of the case proceeding legitimacy: (A comparative study with the civil suit)

All thank is due to God whose justice balances the heavens and the earth. God is the judge who solves his subjects’ disagreements. Peace be upon the most honorable prophet and the last of God’s prophets, Mohammed: This study examined the conduct proceedings in legal (Shari’a) suits comparing it with civic suits. It consists of an introduction, four chapters, a conclusion and appendices. The first chapter delved into the concept of legal suits and the formation of legal courts that there are two degrees of litigation, namely: legal courts of first instance and legal appellate court. Then, it tackled the legibility of the judge that both parties in the suit should be eligible to litigate. Finally, it demonstrated the power to file a legal suit in terms of the jurisdiction of the plaintiff to file a legal suit by himself or by a special agent or lawyers or by using the guardian if the plaintiff is not entitled to take action. Besides, in the second chapter, the study talked about the procedures of listing a legal suit in terms of organizing the list of the legal suit. In addition, the stipulations of the data of the list of the legal suit should be fulfilled that any missing data will turn down the suit legally. Moreover, the procedures of listing a law suit were clarified in terms of paying the fees of the specialized court that they should be paid fully without any delay or exemption. Then, register the suit in the record and have a number in the record in order to assign a specific date and day to hear legal suit. Furthermore, the study was concluded with the attendance or absence after the getting summons from the court. In the third chapter, the scholar reviewed proceedings in the legal suit in terms of advancing a plea that the defendant has the choice of advancing the plea because it is a direct response on the suit. Then, it tackled holding the public session that both parties present their pieces of evidence in the law suit. Finally, it was concluded with the summations and issuing the verdict in the legal suit that the pieces of evidence is presented by the plaintiff and the defendant in the law suit publically and verbally. Once the summations are over by asking both parties if they have anything to add, the pleading is over for issuing the verdict. It would be legal and in the presence of the parties of the suit, and it would be in absentia by the presence of the plaintiff and the absence of defendant in one of the sessions. In the fourth chapter, the study was concluded with a questionnaire about the proceedings of legal suits. It included a questionnaire, which was distributed the graceful judges of the legal courts. In additions, it was distributed to the lawyers and of the legal courts and registrars to know the key obstacles of proceeding in the legal suit. Finally, the study was concluded with a list of appendices including a legal suit, a civic suit, the questionnaire and the most important results and recommendations of the study.