The Depositary’s Speech in Civil Procedure (Imāmī Jurisprudence and Positive Law)

The basic principle is that the claimant must prove his claim.  Despite this, in Islamic jurisprudence, the amīn’s (depositary) claim is accepted in cases without argument. Assuming the validity of the jurisprudential point of view and its implementation in law, we are discussing the process of dealing with the depositary’s claim. In cases where the depositary is in the position of the defendant and his answer is just to reject the claim of the plaintiff such as a loss claim against a lawsuit requiring the rejection of the entrusted property, or the depositary’s response is to reject the demand, such as the depositor’s claim to reject the property, his response is a defence type in a special sense. In cases where the claim of the depositary is such that in addition to rejecting the claim, he wants the court to make a decision about another person. In this case, with the combination of the conditions of a counterclaim, the depositary must raise a counterclaim, for example, when the depositary makes a claim for loss of property and maintenance costs against the claim of the obligation to reject the property.