شروط تولي القضاء في الفقه المالكي و التأصيل الشرعي لها : دراسة مقارنة بقانون تشكيل المحاكم الشرعية رقم 20 لسنة 2015 و الأصل فيه قانون تشكيل الحاكم الشرعية رقم 19 لسنة

Abstract EN

The research dealt with the conditions considered in the Maliki School to appoint a judge compared to the law of the formation of Sharia courts in the Hashemite Kingdom of Jordan.

We conclude in this research that the law has stated a number of conditions are: Islam, age, experience, and be appointed to have a university degree in Islamic law, and to have practiced clerical work with judges for at least three years, and to pass the judicial contest, He also stipulated that he must be a Jordanian national, that he has not committed a crime against honor and provide proof of that, and that he has full legal and civil competence.

Terms of assuming the position of the judiciary in al - Maliki Fiqh A comparative study with the formation of the Jordanian Sharia Courts Law No.

20 of 2-15.

These conditions came in line with the conditions adopted by the masters of the Maliki school, but they divided them into a condition in the appointment of the judge divided them into the conditions and desirable conditions.