review of silence of defendant

one of the problems, which are studied in islamic jurisprudence and has obtained many disputations on it, is the problem of silence of defendant. whenever a person sets forth a claim to a judge the judge requests the defendant to state his or her opinion about the claim. if the defendant replies to the request, he either denies the claim or accepts it. so there would be two react each of which has its own litigation. but there is another supposition; the defendant may by silent; he may neither deny nor accept the claim. what the judge can do in such a situation? here in this article the question at hand will be studied upon the principles of islamic jurisprudence. therefore first we will explain the question, and then we will study the jurist's deferent answers to the question. finally we will come to our solution to the problem