نحو قانون الكاتب بالعدل الشرعي

الملخص EN

The study took it upon itself to examine the creation of new legislation that paves the way for the birth of a supportive apparatus for the work of the courts that is affiliated with the Department of the Judge administratively, that is, "the notary of Sharia justice" and his workplace is at the authentication court or any administrative organization affiliated with the Sharia courts.

The structure of the study came in sequence, starting from : introducing "the notary of Sharia justice" and the concepts and terms that unite him and differentiate him from others, then talk about his legitimacy, origin, requirements and specializations, and this was followed by talking about the justifications for the creation of such a law and its effects on the Sharia legal reality and ending with the proposed draft law.

The study touched in its folds to talk about the mandate of "the notary of Sharia justice" in the era of Islamic judicial history as an integral part of the judge's mandate, his council, and his literature that does not separate from him, this craft appeared under the name of "jurors arrangements," then it developed and continued until it separated from his council, and then it ceased to exist and was absent due to lack of confidence and reassurance of its work until it appeared included and reduced to the civil notary, so the element of safety and trust is the reason that created "the notary of Sharia justice", and the same which neglected it as well.

Whereas the texts are finite and the facts are endless, it was necessary to devise legislative plans to ensure the productivity of judicial work, as it kept pace with everything new, the study cautioned that what was stated in the current notary public law by making the legitimate judge perform the duties of a notary is a dilemma that it is not correct to continue working with it and staying on it.