Document Details
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Document Type |
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Thesis |
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Document Title |
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Judicial Ethics in the Hanbali Islamic School of Thought (Discipline of judge in himself - His Assumption of his post – His أدب القضاء في المذهب الحنبلي آداب القاضي في نفسه - توليته وعزله - مجلسه - أعوانه |
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Subject |
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Judicial Ethics in the Hanbali Islamic School of Thought (Discipline of judge in himself - His Assumption of his post – His |
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Document Language |
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Arabic |
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Abstract |
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Judiciary's Ethics in Hanbali Doctrine (Judge's Rulings in Himself- Inauguration and
Dismissal- his board- his Juniors). ,Anwar Hussein Salem Al-Humrani ,Supervisor:
Prof. Hussein Mohammed Safar ,Problem of the Study: Hanbali Jurists didn't single
out the Judiciary's Rulings by Writing. This research is one of the elements that aim
to single out the Judiciary's Rulings in Hanbali Scholl by writing as singled out in the
other schools such as Hanafia, Malikia and Shafi'ia. Therefore, this research is
considered to be the brick that completes the building process in this science.
Methodology of the Research: used the inductive method for the narrations of
religious school, along with setting the final selections of the school. Then, the
researcher compared this with the opinions of the other juristic schools. After that, he
identified what Saudi law approved. The study plan has two sections; the first is
about the showing the Judiciary's Rulings, its legality, importance, historical origin
and derivation, while the other section is about the Judiciary's Rulings relevant to
judge and his juniors. The Most Important Results: The Judiciary's Rulings means
set of principles and rulings that lead to the achievement of judiciary aims and
objectives when complying with such principles , The Judiciary's Rulings is based on
the five Islamic rulings: as there are mandatory, preferable, permissible, disliked and
prohibited. The Judiciary's Rulings derived its rulings from where the Fiqh derived
its rulings , Therefore, It could be say that it is a branch from the fiqh branches , The
Judiciary's Rulings have a clear effective on the safety and accuracy of the judicial
work, and this is the reason of its importance , This research include a large set of
Judiciary's Rulings; some relevant to the judge's Inauguration and dismissal, others
relevant to the judge himself, some others relevant to the board of the judgment and
other relevant to juniors , The Saudi Legislator paid attention to Judiciary's Rulings
in laws , This is clear evident in preventing judge from practicing trade, caring in
judge's selection, Emphasis on the independence of the judge and not dismissal him
except for a reasonable reasons and punishing anyone engage in hostile action
against him. The most important Recommendations: The Saudi Legislator should
pay more attention to some Judiciary's Rulings, especially those who have an effect
on the principle of speed due to the plenty of filled lawsuits, for example the
possibility of judge consulting scholars and updating jobs for legal researchers in
each court , Conducting studies on the following themes and highlighting it due to
the need for that: Gathering what could be called "Judiciary Books" which are
written by rulers to judges upon their Inauguration, as well as conducting legal
comparison between the judge's moralities in Islamic Jurisprudence and other laws. |
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Supervisor |
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حسن بن محمد سفر |
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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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214 |
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Added Date |
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Saturday, July 27, 2019 |
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Researchers
| أنور حسين الحمراني | الحمراني, أنور حسين | Investigator | Doctorate | |
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