حكم اعتدال حال القاضي أثناء نظر القضية

Abstract EN

This research addresses the issue of the rule of moderation of the judge during the judge's looking a case, through the Prophet's (PBAH) guidance as stated in his Hadith, "do not judge between two people, while angry".

This Hadith highlights an issue of great importance, it is important as it relates to the judge, who all the opponents wish him to provide justice and fairness among them.

This issue is related to the condition in which the judge should be during the trial-such as in a good mood, a clear mind (nothing Musses his thoughts) to achieve the purpose of legislation, and to achieve justice among people through: The administration of justice, fairness of the oppressed, and implementation of rights.

Through this research, the researcher found out that "the moderation of the judge" which has been adopted by Islamic juristic, shows that various symptoms which may deviate the judge from moderation, whether psychological of physical or innate, is not considered by itself but by its influence on the mind and thoughts which prevent the fulfillment of opponents arguments, then eliminate the right.

This research has shown related topics to the issue of moderation, including: The meaning of moderation of the judge, the evidence contained therein, the causes of prohibition of judgement to look a case in case of anger, symptoms resulting by the lack of moderation in the judge based on the causes of prohibiting the of judge to look a case in a state of anger, the appropriate statement forbidding the issue whether it is hated or forbidden, and the extent to which the sentence of the judge valid with the presence of these symptoms.

Then, the research presents the opinion of the Law Procedural legitimacy and Ordinances in moderation of the judge during the proceedings Finally, the most important results of the research are indicated.