Document Details
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Document Type |
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Thesis |
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Document Title |
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Literature on Judiciary in the Hanbalite Islamic school of (In the Ruling of a case - Verdict - Its Description) أدب القضاء في المذهب الحنبلي ( باب أدب القاضي في نظر الدعوى ، وباب الحكم وصفته) |
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Subject |
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Literature on Judiciary in the Hanbalite Islamic school of (In the Ruling of a case - Verdict - Its Description) |
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Document Language |
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Arabic |
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Abstract |
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Judiciary's Rulings in Hanbali School (The Judge Rulings in the Proceedings
& Judgment).Omar A. Al-Fayez.
On the contrary to the rest of the major schools, Hanbali Jurists didn't single
out the Judiciary's Rulings by Writing .
So this research aims at singling out the Judiciary's Rulings in Hanbali School
by writing as singled out in the other (main) schools, such as Hanafi, Maliki
and Shafi'i. The reseacher hopes that this study will be a pioneer step on that
way
He used the inductive method to deal with the texts of the legal, Judiciary and
juristic studies. He tried his best to maintain the school's exact (words) when
deriving the Judiciary's rulings, along with authenticating them from the
approved (references) of the school, (followed by) the opinions and comments
of the rest of the other schools, along with attributing his quotions to their
references, pointing out their agreement or disagreement with the Hanbali
School. The terminal step being mentioning and authenticating the regulations
and decisions approved by Saudi Arabia, along with identifying the degree of
agreement or disagreement with the school. The study includes a preface that
deals with the main definitions and concepts of the study, the importance of
the legal proceeding, its legality, reason, elements and types. The preface ends
with discussing the legality of taking the right without legal proceeding .
The study deals with the Judiciary's rulings relevant to the elements of legal
proceeding. It tackles the Judiciary's rulings relevant to conflict parties,
Judiciary's rulings relevant to the reason of lawsuit and Judiciary's rulings
relevant to the form of legal proceeding.
It then discusses the Judiciary's rulings relevant to the judgment.The research
goes on to discuss Judiciary's rulings relevant to sentencing the judgment and
the Judiciary's rulings relevant to appealing on the judgment .
The study arrives at the inclusion of the Hanbali School the Judiciary's rulings
relevant to the proceedings and sentencing, as well as having multi-narrations,
variations in opinions and interpretative judgment. The second finding is
richness of Islamic Jurisprudence in the process of organizing the legal
proceeding and controlling its procedures, as well as its precedence to the
ordinances. The Saudi law has been found paying attention to the Judiciary's
rulings relevant to proceedings and its sentencing .
The study ends with pointing out some recommendations including the need
of
Intensive care in the fields of Judiciary's rulings in HanbaliFiqh, as well as
conducting more studies to fulfil the need in such areas, due to the richness
of Hanbali school in terms of multi narrations and opinions. There is also the
need for guiding researchers and advisors affiliated to the relevant departments
to issue regulations, laws and instructions in order to benefit from the treasures
of Islamic Jurisprudence. Cooperating with the Islamic countries could be of
great outcomes to benefit from Judiciary's rulings mentioned in the Islamic
Jurisprudence, and to join Saudi Arabia in taking the Islamic Law as the main
law. |
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Supervisor |
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حسن محمد السفياني |
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Thesis Type |
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Doctorate Thesis |
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Publishing Year |
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1437 AH
2016 AD |
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Number Of Pages |
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517 |
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Added Date |
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Saturday, July 27, 2019 |
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Researchers
| عمر عبدالله الفايز | الفايز, عمر عبدالله | Investigator | Doctorate | |
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