اجتهاد القاضي في العصر الحديث و ضرورة التقنين في مجال الأحوال الشخصية

Abstract EN

This article deals with the jurisprudence of the Supreme Court in the field of personal status and its relation to the Islamic law, or from the jurisprudence of the old and modern jurists.

Because of the lack of competence of the personal status judge and his involvement in the sciences of Islamic law in modern times and the lack of diligence that qualifies him to devise The legal provisions appropriate to solutions to the problems of the contemporary family, it is necessary to move towards codification, which helps the judicial application of the provisions of the family.

However, the problem persists in not assigning the task of codification and amendment to the people of scientific specialization and in various fields related to the preservation of the family presence and infallibility, which leads the legislator to adopt weak opinions or sometimes to fabricate other times as required by certain circumstances.

Thus, the jurisprudence of the judge in the case law - in the sense of observing the Supreme Court of the judicial decisions issued by the lower courts - is different in Islamic jurisprudence