ضمان خطأ القاضي في حكمه : دراسة فقهية مقارنة

Abstract EN

This research essentially deals with the problem of a judge's error in his judicial rulings, and the research does not deal his personal mistakes that have nothing to do with the function of the judiciary also does not deal with the judge violated the right of his judgment.

This research shows types of Judge’s errors and when can decide that judgment is wrong.

In addition, the research illustrate that the basic principle in the rulings of judges is perform based on the right and it does not invalidate it except what is absolutely wrong according to what was edited by the imams of Islam.

And if the judge’s ruling on the case was proved it was a mistake it will a void.

And then does he guarantee the impact of this mistake or not?.

This research handle this case and conclude that the general of Islamic scholars believe that the consequences of the judge’s mistake in his ruling are to be inflicted on the accused it is guaranteed and it is not in any way a wasted.

And if it is guaranteed, who will guarantee it? Does guaranteed by the judge or by his relatives?! Or the guarantee by the Muslim State Treasury.

In this case the Islamic scholars separated between the error in judgment that is a right for the God Almighty , and the error in the judgment that is rights for the people.

Also they divided the error in the judgment that is rights for the people into case can be corrected it or case cannot be corrected it.

For case can be corrected comes back to what it was and must guaranteed at the second case with details in site of guarantee