قاعدة الاستحسان وتطبيقاتها في النظام السعودي : نظام المرافعات الشرعية نموذجا

الملخص EN

The current study aims at establishing the relationship between the systems in the Saudi Kingdom and the Islamic Sharia'a, and to show the objective and formal exceptions in the system.

The research consists of a preface, introduction, four sections and a conclusion.

The introduction presents the research problem, its importance, causes, goals, limits, plan and previous studies.

Then, the researcher explains the terms of the title, and the definition of the system in question.

The first section explores the desirability of the text, the second section presents the desirability of interest, and in the third section discusses the necessarily desirable, and the fourth section explains the desirability of custom.

The search has reached a number of results; the pleading system is one of the systems that evolved a clear legislative development, starting from its establishment until the last of its amendments, and this indicates the vitality of the legislative organization in the Kingdom and keeping pace with developments.

Surely, the use of approval deserves a clear indication of the link of the Saudi regime (the system of legal arguments) to the rules fundamentalism, when applied to the legal (regular) rule gives the legislator (organizer) and the judge the ability to avoid drafting errors, and errors of ijtihad, so the system or ruling comes out tightly, with few gaps.