Tampar vs.

Usman

FACTS:

Records of the case show that petitioners filed a complaint against respondents for
annulment of sale in extrajudicial settlement of estate. Petitioners deny that they entered
into an agreement with respondents and claimed that their signatures in such were forged.

The court required the parties to submit statements of at least two witnesses to prove their
claims and challenged respondents to take an oath (yamin/vamin?) declaring that there is no
truth to claim of forgery.

By virtue of the yamin/vamin?/oath, judgement was rendered in favour of respondents.

ISSUE:
WON the Shariah court committed a grave abuse of discretion in dismissing the complaint of
petitioners by virtue of the yamin/vamin?/oath taken by the respondent?

HELD:
Dismissal of case is upheld because petitioners failed to adduce evidence to support the
complaint, but not because of the yamin/vamin?/oath taken by the respondent. The supreme
court said that a committee to review the rules regarding the yamin/vamin?/oath and to
make necessary amendments.