الفقهاء و منصب القضاء في الدولة العباسية بين سنتي 232_447 ه (847_1056 م)‎

Abstract EN

The judiciary is considered one of the most important organizational institutions, and it is one of the main sovereign positions on which the ruling regimes depend in order to establish the manifestations of political governance and perpetuate the state of social organization, so when the Abbasid state strove its successors and princes to select competent judges who fit in religious functions from the circles of scholars and a stream The jurists and the scientific elite circles, who have possessed the mechanisms of jurisprudential extraction, the ability to issue legislative rulings, resolve disputes by judicial means, and participate in fateful issues including the disasters that confront society and the state, except that the endeavors of the institution A caliphate in choosing and choosing the appropriate judges often clashed with the refusal of jurists and their refusal to assume the judiciary for various reasons, including: religious, personal, or administrative, or the political circumstances and data surrounding the ruling authority in light of the military tendency over state institutions, which are the reasons that combined The momentum of nence escalated in jurisprudence circles to the extent that the phenomenon of nence from the judiciary became a typical phenomenon and repeated behavior that disturbed the Caliphate Foundation, which led officials in the state to meet this phenomenon with a policy that staggered between adopting a policy of courtesy and softness and temptations sometimes, and the adoption of intimidation and To force the acceptance of the judiciary at other times, as an inevitable measure to limit and contain this phenomenon, which was successful many times, so many jurists retreated from their rejection in light of the persistence and insistence of the caliphate institution to actually invest in the capabilities of these jurists, whose response to these policies remained uneven Between acceptance and rejection.