المحاباة في التعيين في الهيئات القضائية و أثرها على تحقيق العدالة

Abstract EN

Favouritism in judicial appointments and their impact on justice
Khaled Mohamed Abdul Raouf Emara
department of general jurisprudence, Faculty of Law and Legislation, Tanta, AlAzhar university.

University Email: khaledemarah1283.

el@azhar.

edu.

eg
Personal Email: emarahkhaled@gmail.

com

One of the most important basic objectives of Islamic law is achieving justice among all people, which is the mission of the prophets; Judges are one of the most important ways and means of achieving justice.

Nepotism hinders the judicial bodies, and its widspread became a general phenomenon that calls for standing against it to discuss its causes, and its bad effects on achieving justice, and how to confront this phenomenon, eliminate it.

Then this research was to show the Islamic legislation's treatment of this dangerous phenomenon by standing on scientific standards.

The objectivity established by Sharia to prevent favoritism and nepotism in judicial appointments as the best way to combat administrative corruption in the field of judicial appointments

The research found that:
Nepotism in appointments to judicial bodies is the greatest threat to the independence of the judiciary,
Scientific capabilities and justice are the basis for appointment to the judiciary


Failure to define standards of moral competence is one of the main reasons for spreading neootism
The oral interview is the most prominent factor fir spreading nepotism.

Thus, the research recommends:
The need to raise the general university assessment to the "very good degree".

Set a soecific rules and procedures for oral interview.

Limiting the application of the requirement of moral competence or good conduct to those who have been proven guilty of a felony or facts affecting good conduct and reputation.