القواعد و الإجراءات الأصولية للدعوى القضائية في نظام القصاء الإسلامي

Abstract EN

In this research, we discussed the definition of the lawsuit and its role in the Islamic judiciary, and to highlight the procedural aspects developed by Muslim jurists and judges throughout the ages and on their heads The Holy Prophet Muhammad (peace and blessings of Allaah be upon him) and Imam Ali Ibn Abi Talib and they were adopted as legal rules currently approved in the laws of the various Islamic countries, and then we discussed the definition of the lawsuit as a language and a term, although the origin of the lawsuit as a separated right is separate from the substantive right to be attached to the procedural law, the types of the lawsuit, and the definition of the promotion , and the role of the Holy Prophet (peace be upon him) in the education of the owners of the origins of the lawsuit and methods of grievance and complaint and the establishment of a great principle in the proof is (evidence on who claimed and right on who denied), then explain the judges sitting in the Judicial Council, as it represents the act of the Holy Prophet (peace be upon him) in his sitting with his companions (may Allah be pleased with them) and considered that the legal and political literature adopted in the State Arab Islamic over time, and then explained the nature of seating opponents and settle them in the Judicial Council is considered one of the most important rules of the fundamental decisions of the Islamic judiciary, And then explained the writer of the judge and the specifications that characterize the judicial process the origin of the legitimacy of that is the work of the Prophet (peace be upon him), where he took a writer as well as Imam Ali ,then we explained the prestige of the judge and the Judicial Council, where he enjoyed prestige and dignity, the Islamic judiciary was a great status when the ruler and ruled and had a prestige and enjoyed what it enjoyed by impartiality, independence and professionalism in order to achieve justice and equality among people, by that the righteous advances had established rules and principles for the Judiciary Council, guaranteeing the prestige and integrity of the judiciary, apply the principles of Islamic law and this is what it should be.