ضمانات العدالة المتعلقة بالحكم القضائي و أهم تطبيقاته المعاصرة : دراسة فقهية مقارنة

Abstract EN

i must investigate justice and guard against the causes of error.

In order for his judgment to be valid and safeguarded against the cassation, there are many guarantees related to the judicial ruling; Maintenance of the appeal, whether before its issuance, upon its issuance, or even after its issuance.

Here are many guarantees that protect the judicial ruling and ensure that justice is achieved before its issuance, the most important of which are: “qāḍi's consultation with competent scholars, vigilance and attention to opponents, and an excuse for the opponent to give him sufficient time to complete the procedures, be careful and scrutinize the case.

” And there are many that include Justice in the judicial ruling and guaranteeing it upon its issuance; In order to protect him from cassation, and among the most important of these guarantees are: “qāḍi's calmness and mind, collective judiciary, reasoning of judgment, and openness of the trial.

” There are also guarantees related to the protection of justice that work to achieve after the issuance of the judicial ruling, on top of which is “ratification of the judicial ruling and its implementation whenever It was correct, as well as revoking it and stopping its implementation when there is a defect in it by mistake or injustice when the judgment occurs, and also follow the qāḍis 'rulings to distinguish between their right and wrong, as well as punish the unjust qāḍi in his ruling by removing him from his position.

” In the end, the study states that electronic litigation is one of the most important contemporary judicial guarantees to achieve and fulfill justice.