تقدير القاضي بين الإطلاق و التقييد في الفقه الإسلامي و القانون الجزائري

Abstract EN

This research studies an important basis from the foundations of the justice; it is judge's discretion.

The research aims defining it and explaining its importance and advantages.

It also aims to define the conditions and controls of discretion in Islamic jurisprudence and Algerian law, and activate the principle of the judge's conviction between discretion and certainty.

Among the most important results of the research is that the discretionary power of the judge is freedom limited by controls and conditions granted by the legislation to the judge to drop the incident and its evidence on the theoretical texts; to reach a judgment that he is satisfied with and conforms to the law.

Sharia and legal legislation, including the Algerian law, gave the judge the right to discretion, this authorization was not olute, but made his authority restricted, and the restrictions were not set to restrict, but to ensure the achievement of the intended