Methods of litigation in financial matters, extracted from a doctoral dissertation entitled The Effect of Differences Between Contracting Parties on Documentation and Trust Contracts, a Comparative Jurisprudential Study

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Islam has paid great attention to organizing people’s transactions and contracts in a way that reduces the occurrence of disputes and disagreements that lead to corruption among them, especially since man is naturally inclined to love money. Although Islamic law has clarified the pillars and conditions of financial dealings between people to protect their rights and prevent conflict and disagreement, human souls have different natures and may be governed by whims and interests if they are not governed by a binding legislative rule in some cases, such as the judiciary.
In terms of contracts, Sharia has clarified what the contract should be based on, in terms of knowledge of the contracted item, and if this is not possible, then through its description, with proof of the option for the contracting party upon seeing it, etc. However, one of the parties to the contract may claim that he was defrauded because he thought that the contracted item was less than what the other party was demanding, or more, and other claims in which each party is keen to show that he has the right, and if one of them had evidence, the dispute would be resolved, but most disputes lack evidence due to the large number of dealings between people.
The judiciary is one of the most important and common means of resolving disputes between people. Through the judiciary, the dispute is settled and the opponent is obligated to make a ruling. However, the judge’s authority to issue a ruling on a disputed issue is preceded by a lawsuit being filed by one of the disputants. When the matter is brought before the judge, the judge either prevents the plaintiff from disputing because the lawsuit is invalid, or he rules to oblige the defendant to do what the plaintiff requested, if the plaintiff proves the validity of his lawsuit.