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Document Type |
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Thesis |
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Document Title |
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Judicial rules in the books of judicial literature and their applications in the Saudi judiciary, a comparative analytical study in the four schools of thought القواعد القضائية في كتب أدب القضاء وتطبيقاتها في القضاء السعودي دراسة تحليلية مقارنة في المذاهب الأربعة |
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Subject |
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Faculty of Arts and Humanities |
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Document Language |
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Arabic |
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Abstract |
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The study aimed to identify the concept of judicial rules, collect them from specialized judicial books in the four religious’ school of Islamic jurisprudence, study them, and add applications to them from the Saudi judiciary. The researcher followed the descriptive approach based on induction and analysis, by following the issues related to the topic, and presenting them in a way that combines statement and brevity based on the books of the four religious’ school of Islamic jurisprudence, in order to reach solutions to the research problem and its questions. The study results showed that there is an agreement by the various Islamic religious school of jurisprudence on the importance of proof in practical life, as the judicial rules for proof are among the rules agreed upon among jurists. There is agreement among the Islamic religious school of jurisprudence on the origin of the rule, with some difference in the extent of its application, and the exceptions to it. The study results also showed the keenness of the judicial organization in the Kingdom of Saudi Arabia to consolidate judicial rulings and not to restrict judges to a particular jurisprudential school, but rather opened the way for judges in the field of “Ijtihad”, according to what they saw as correct based on legal evidence. Based on the results of the study, the researcher recommends the judicial authorities in the Kingdom of Saudi Arabia to consider this research effort as an enhanced judicial reference that can referenced and benefited from. In addition, recommending students and researchers to conduct more studies on the subject of judicial rules for their importance in the practical aspect, and the limitations of previous studies in this field. |
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Supervisor |
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Dr. Mohammad Al-Madasha Al-Ghamdi |
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Thesis Type |
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Doctorate Thesis |
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Publishing Year |
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1444 AH
2022 AD |
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Added Date |
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Monday, February 27, 2023 |
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Researchers
| سعيد أنس القحطاني | Al-Qahtani, Said Anas | Researcher | Master | |
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