القرائن القضائية وعلاقتها بالسياسة الشرعية

Abstract EN

The present research is divided into three segments Introduction, three sections and a Conclusion.

The study, as a whole, is oriented to restate the central objective of Islamic Sharia and the role of Muslim judge.

To be explicit, Sharia is essentially committed to establish justice, eradicate oppression and restore human rights.

Muslim judge, per se, seeks to implement the broader objectives that Sharia has enshrined.

In carrying out his role, he is dutybound to dispense justice and guarantee the inviolability of human rights as enunciated in Sharia.

In pragmatic life, a decisive phenomenon is commonly observable.

A criminal, at his own part, endeavours to hide his crime and all such traces that serve to substantiate the veracity of the crime committed.

This point is, in fact, crucial for judge and his process of adjudication.

Based upon the dubious behaviour of the criminal and the random traces that serve to constitute an evidence, judge is able to play his role assigned by Sharia.

In summation, this area may be termed as “ judicial indicators “.

The present study focuses on the given theme.

In few words, it reiterates that “ judicial indicators “ carry significant role in Islamic Sharia.

These indicators in no event should be oversighted.

Most Muslim jurists and canonists concur on their inevitability towards formation of impelling evidences.

Dependence on such indicators, asserts the author, is not only indispensable for adjudication but also useful for Islamic jurisprudence.

The latter will remain ever enriched by counting on evidences emerging from such traces or indicators.

As Islamic Sharia is adaptable for all times and climes, these legal indicators reinforce the role that Sharia has assumed.