الإثبات بالقرائن في الفقه الإسلامي والقانون القطري ــ دراسة مقارنة ــ

For those who are familiar with what is discussed in the courts and litigation arena, they can confirm that evidence (hereinafter refered to as “Athbat”) is the origin of the truth. What is meant here that the Athbat is what preserves people from loosing their rights. It is understood that a right without Athbat is not equal in strength against a right with Athbat. In addition, Athbat types can vary and their categorical strenth levels can start from enough alone to prove the right to a judge, down to the simple presumption (hereinafter refered to as “Qarina” that can be challenged and proved to be the contrary. Furthermore, Qarina does not prove the right alone, and need to be linked with Athbat to prove the truth.In this research, the reader can find a discussion of the importance of Athbat and Qarina in Islamic jurisprudence and law, defintions for Athbat and Qarina from Arabic language and as a terminology, explaination of the definitions of Athbat and Qarina from the legal point of veiw, explained the legitimacy of Athbat in Islamic jurisprudence and Law, and last but not least the methods of proof and its divisions.We covered the definitions of Qarina from Arabic language prospective and from technical prospective, and explained the legitimacy of Qarnia in Islam. We also gathered the opinions of the supporters of relyying on Qarina, made by them from the Qur’an and Sunnah. On the other hand, we gathered the opinions of dissent. This research led to agreering with with the majority opinion, the introduction of Qarina to become part of litigation process in the Islamic law. After that, we mentioned the verses of the Qur’an in Islamic law. Since this study is a comparative study, we dealt with the above from the point of view of the Qatari law, from a statement of the kinds of evidence, its definition, its elements and its characteristics.One of the significant additions was about the impact of Qarina from the Qur'an on Islamic jurisprudence, its ruling, and the impact it produces, according to its type, and the impact of the Qur'an on the law and its role in strengthening Qarina.In the last chapter, we touched upon contemporary applications of Qarina, in forensic medicine, and written documents and showed the legitimacy of Qarina.In the conclusion of this research, we highlighted the the most significant findings and recommendations reached by us on this filed.