English abstract
This study aims to demonstrate the position of the proofing by indications on civil and commercial Issues as a comparison study and that is through the following questions :
• The definitions related to linguistic and idiomatic and legislative indications? And legal indications and the difference between them?
• Types of indications and the difference between them?
• The Islamic jurisprudence stand against the proving by indications ?
• The Legal Jurisprudence stand against proving by indications ?
• The Difference in the strength of evidence and the power of judge on using indications ?
• Cases on which It is possible to consider indications as a proof with cases that are considered as an exception to prove by indications
• Traditional & Modern applications of the indications ? And to answer these questions the researcher had searched on what the indication is, and other idiomatical definitions and the way of similarity between them and the search was accomplished by that indications has two elements moral & concrete , the concrete is represented on the existence of a real event or information which is taken as an evidence of , and the moral is represented on concluding through derivation, as the searcher had concluded that the legal indication is taken from the (legislator himself) but the judicial indication is taken from the judge himself of chooses the known event and the conclusion which is based on (supposition and probability. And it is known from the study that most Sharia Jurists are considering it , as all law jurists had conclude that indication is an evident of proof , as the researcher had taking into consideration the conditions of taking ( the legal indication , and he concluded that it is not possible to proof by indication in deals that were for what is more than One thousand Omani Rial and the researcher had mentioned the cases which are considered as exception which are the principle of literal proofs and the existence of an objection of getting a written proof, and the lost of a written evidence because of a (foreign reason, and what the court determined as convincible reasons as testimony , and so he had concluded to mention the traditional and modern applications to proof with indication as the donation indication on the patient actions who has fatal death and other indication and the other one is the hereditary imprints and other indication and the possibility of taken in them into consideration And one of the most important recommendations which this study had concluded. 1. Not use provisions that causes indication and leaving the matter to
the judge estimation , and obligating him to consider the indication whenever terms were available and were the only evidence of proof. 2- Cancel what is known by decisive legal indication because mostly they are confusing with objective principles, and in case he decided to keep them then the legislative researcher is recommended to set a particular criterion on which he specifies to differentiate between the because of them do not allow proofing the contrary. 3- Necessity of that the judge gets attention and supervision ,and that is by setting conference s and sending scholars in order to exchange thoughts and expanding the judge's perspicacity.
