وعظ القاضي الخصوم و الشهود : دراسة فقهية تطبيقية على الأحكام القضائية بالمحاكم السعودية

الملخص EN

Praise be to Allah and prayers and peace be upon our Prophet, Muhammad, his family and all of his companions, This research addresses the issue of judge's preaching to the litigants and witnesses; it is a very significant issue since the judge cannot know the insides and facts, but it issues judgments based on the hearings.

Since people are originally wrong-doing and ignorant, they, therefore, commit injustice, oppression, false adversarial, and false testimony.

However, some people can possibly retreat and return to the right, after being inattentive or recalcitrant, by preaching.

This fact led scholars to talk about the judge's preaching to litigant and witnesses and this research is conducted to reflect on this issue, its ruling, its legitimacy and its methodology.

The research, as well, clarifies the circumstances which scholars define for judge's preaching to litigants and witnesses, beside other issues.

The adopted approach in the research and study is the inductive approach for collecting the scientific materials and then the deductive approach for selecting the appropriate sayings and evidences and the related discussion, objections and balancing and weighting between such sayings.

The research either addresses the practical application of the subject, both in the past and the present.