This book aims to study presumptions in general, whether legal or judicial, in terms of their definition, nature, and the position of Islamic Sharia on their use in adjudication. The second chapter deals with legal presumptions, explaining their definition, the wisdom behind their establishment, their relationship with judicial presumptions, and distinguishing them from the substantive rule with which they are often confused. Finally, it clarifies their role in proof as an exception to the general rule.

The third chapter addresses the authority of legal presumptions in evidence, according to the traditional jurisprudential division into conclusive and simple legal presumptions. It begins by discussing conclusive legal presumptions in terms of the criteria for their determination, how to prove the contrary, and the extent to which this type of irrefutable presumption is considered evidence in the precise technical sense. It then sheds light on simple legal presumptions, explaining how to prove the contrary and providing some examples from Jordanian Civil Law.

Since the Evidence Law combined res judicata and legal presumptions, it was necessary to study them as the most prominent forms of conclusive legal presumptions. The book indicates that the authority of res judicata is not a presumption in the precise sense, but rather a substantive rule that the legislator mistakenly placed within the chapter dedicated to legal presumptions, following some legislations that adopt this approach. The book concludes with a review of some legislation.

• ISBN: 9789957160000
• Weight: 0.200 kg
• Dimensions: 17×24 cm
• Paper: White
• Pages: 135
• Year of Publication: 2001
• Cover Type: Paperback