The Legal Maxim "No Legal Authority in the Presence of Contradiction, Yet the Judge's Ruling Remains Valid" in Hanafi Jurisprudence and Procedural Law

Abstract

This study examined the Hanafi legal maxim, "No probative value remains in the presence of contradiction; however, the judge's judgment is not thereby invalidated," and its application in the Procedural Code of Civil Litigation of the Islamic Emirate of Afghanistan. It addressed how contradiction affects the statements of the claimant and defendant, claims, evidence, and the validity of judicial judgments. The study aimed to clarify the circumstances in which contradiction deprives statements, claims, and evidence of their probative value before a final decision is rendered, while preserving the legal effect of a judicial judgment after its issuance. The study is significant because it contributes to judicial stability, orderly proceedings, preventing disorder in litigation, final settlement of disputes, and the preservation of judicial authority. Using a descriptive, analytical, and comparative methodology, the research drew on authoritative Hanafi jurisprudential sources and the Procedural Code of Civil Litigation. The findings showed that, where the relevant conditions are established, contradiction results in the loss of the probative value of contradictory statements, claims, and evidence. Nevertheless, a judgment rendered by a judge remains legally effective despite the subsequent appearance of contradiction, to preserve judicial order and stability and to bring disputes to a conclusive end, unless a competent authority lawfully overturns or annuls it in accordance with applicable principles and regulations.