إعادة المحاكمة : دراسة فقهية مقارنة بقانون أصول المحاكمات الشرعية و المدنية الأردني

الملخص EN

This study tackles the notion of retrial and its turn in the judicial decisions, which is considered unusual way of repealing in the court, and it is illegal to do it, if the cause is not persuasive according to the causes that are mentioned in all laws.

The aim of this study is to interpret the prior knowledge of Islam about judicial decision.

The intention of this study is to realize the truth and achieve the justice, which pitfalls and mistakes are tolerated, and if we are prevented from making a re-consideration of some rules it will result injustice, that is considered as a tool to apply injustice and this is not the purpose of justice in Islam.

This study also has discussed the concept of retrial and the evidences of legitimacy in the holy Quran, Sunnah, and the words which were uttered by the followers of our prophet.

This paper also consists of texts for jurists that inform its significance, and then I have explained the principles that are applied in the legal and judicial judgment in order to use it and knowing the main causes which allow asking and ordering to retrial.

And it has been shown through the research that the retrial was known in islamic Fikeh in the previous era.

The retrial is one way of several different ways of repealing, which the prosecutor resorts to achieve an appeal in a final decision of the court.