مؤسسة القضاء في دولة المماليك : دراسة تاريخية

Abstract EN

The representation of the first roots of the institution of the judiciary in the State of the Mamluks, the position of the Chief Justice of the doctrine Shafi'i without the rest of the other sects, the fact that the followers of this doctrine represented the vast multitude of people in the Mamluk Empire, until the coming of the Mamluk Sultan (Zahir Baybars), who was appointed for each doctrine of the four schools, the judge invoked to people in their affairs, in order to unify the internal front against external threats by showing Mamluk Hama four of the doctrines, which means from their point of view protection of Islam, was the selection of judges is linked to proximity of those in power and their knowledge of them or against payment of a sum of money to the Sultan exception of the few of them who have been appointed for possession Scientific efficiency likes of Judge Hanafi (Shams al-Din Mohammed bin Ahmed Trabelsi) and judge Shaafa'is judges (Taqi al-Din bin thin holiday), not only the work of judges is limited to the judiciary, but transgressed to teaching and public speaking and some administrative work, as there were not a specific age for judges in his appointment and stopped for this particular job when they reach them, has developed the Mamluks in the judiciary institution as well as the four judges doctrines, judge the military, most of whom were followers of the Shafi'i school, and the judge behind, any judge convoy pilgrimage accompanied from start to finish, as it was for the people of disclosure courts own resort need for jurisdiction in religious cases the exception of some things that they relate to the affairs of the Muslims and the state, has maintained the judiciary institution to its prestige and status prestigious in the Mamluk state until the mid-eighteenth century, as the collapse began in the judiciary institution represented by bribery and giving priority to private interests to the public interest, and make the elimination tool However, malleable Mamluk rulers, as well as the spread of the martyrs of Al-Zour, who were appointed in the judiciary institution based on the mediation of the Mamluk princes, making them manipulate the judicial provisions in line with the narrow interests at the expense of truth and justice