سلطة القاضي التقديرية تجاه المعاينة في النظام السعودي : دراسة تأصيلية و تطبيقية

الملخص EN

This research titled “The Discretionary Power of the Judge towards Inspection in the Saudi System – A Fundamental Applied Study" has focused on studying the positions of the discretionary power relating to proof by judicial inspection, which the regulator granted to the judge in hearing the cases at his hands; due to the shortage of studies that shed light on the discretionary judicial power in inspection through what the regulator stipulated in the Sharia proceedings system, which is achieved by studying it in terms of Sharia and Regular System, besides keeping it subject to applying what has been practiced in the courts of the Kingdom of Saudi Arabia, in terms of using the inductive analytical approach, along with the fundamental approach.

The researcher recommends that the positions of the judge's discretionary power in the judicial systems shall be highlighted, and in particular the Sharia legitimate proceedings system.