The initiation and dismissal of lawsuits between public and private rights: a comparative study between Islamic jurisprudence and legal systems in Egypt and the UAE, and its impact on the spread of abusive litigation.

Qawsha, Jamal Al-Din Abdul Rahman

doi:10.21608/mjle.2025.454958

The initiation and dismissal of lawsuits between public and private rights: a comparative study between Islamic jurisprudence and legal systems in Egypt and the UAE, and its impact on the spread of abusive litigation.

Document Type : Original Article

Author

Jamal al-Din Abdul Rahman Qawsha

Faculty of Law - Mansoura University

10.21608/mjle.2025.454958

Abstract

This research addresses the issue of restricting community members' authority to initiate proceedings in criminal matters and examines how this affects the prevalence of "malicious in lawsuits." It aims to answer several questions related to this topic to contribute to the elimination or reduction of "malicious in lawsuits." The most important questions include: Is it an absolute right for all members of society? Are there impediments or restrictions on individuals' power to initiate proceedings in civil or criminal matters? Does restricting or preventing individuals from doing so affect the prevalence of "malicious in lawsuits" positively or negatively? This research adhered to the rules of scientific inquiry and relied on a combination of scientific methodologies—comparative and analytical—as required by the nature of legitimate and legal studies. The study concluded by answering these questions and ultimately reached several conclusions, most notably: there is no benefit in restricting or preventing members of society from initiating criminal proceedings, as this cannot be the way to counter "malicious in lawsuits." Finally, the study offers several recommendations on this subject that contribute to the elimination or reduction of "malicious in lawsuits."

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