حق التقاضي : بين المسار التاريخي و الفقهي و التأصيل القانوني

Abstract EN

The right to litigation was initiated as a tool to protect the rest of the rights that people enjoy among the group, as it guarantees the individual recourse to an authority that guarantees respect for these rights and defends them against every infringement.

It aims to achieve an interest which is to communicate rights to their owners and achieve social balance within the community.

However, the treatment of law and Shari'a was not in the same context as the research approached to root the issue.