ABSTRACT

Abstract

Islam provides for the ways of commencing action in the Islamic courts. The conventional courts provide for procedure of filing matters in their courts and this filing of court processes are filed differently. The ways of filing civil action in a magistry court is different from the way of filing criminal matters in the same courts. Islamic courts are no exceptions to this rule, 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. There were efforts by the Ugandan Muslims in ensuring the Ugandan government to establish Islamic courts for the Ugandan Muslims; this paper will guide the legal practitioners in the Islamic courts to know how to file a civil matter in the Islamic courts in Uganda. The paper will also guide the law students aspiring to practice as a lawyers/legal practitioner in the Ugandan Islamic courts if established. The paper will also educate the academician and non-academician alike.