Any lawyers on this board? I have a specific question.

Last activity 17 February 2021 by Fahad_Da

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randomdudeMember15 June 2020 02:48:35

I am an expat suing a local in a civil lawsuit.

And the lawyer I hired said I had a good case in the beginning. Now he's singing a different tune. He told me that the judge can put the defendant under oath, and I, as a plaintiff does not have the same right?

He told me that under islamic law, plaintiff provide the evidence, and defendant can ask to make a statement under oath.

That doesn't seem fair and sensible at all. So whatever the defendant says under oath can be interpreted as truth? Why can't the plaintiff have the same right to make statements under oath, too?

Fahad_DaActive member17 February 2021 17:32:26

Dear randomdude,

What you have been told is True and a rule that applies in court under Sharia Law he only made a statement of denying only and only if the plaintiff did not provide and evident. At the same time, a plaintiff can make an oath if the defendant turns to be the stronger party ( means has more evidence or logical material facts to fight the defendant). in fact, all turns upon the facts of the case, and how strong your case is.

from a legal point of view, I think the rule is fair and just, someone walked into the court claiming something that is not true or doesn't have evidence to prove, instead of dismissing the case, the court will put the defendant under an oath since he could in fact acknowledge such a claim.

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