Document Details

Document Type : Thesis 
Document Title :
JUDICIAL PRECEDENTS; THEORETICAL AND EMPIRICAL STUDY
السوابق القضائية - دراسة نظرية وتطبيقية
 
Subject : Faculty of Arts and Humanities 
Document Language : Arabic 
Abstract : The subject of judicialprecedents has taken on a very high status in many courts of the world, some of which even consider it the basis upon which its judgments are based. The judicial precedentsin Islam has assumed a high status as emerged in the issues mentioned by Allah in his glorious book about his prophets andmentioned by the Messenger of Allah peace be upon him in his HADITHS about the former nations.It has also emerged in the work of the caliphs and the Mahdi imams throughout history.Saudi Arabia has recently followed this path by compiling legal codes for its various courts and stating that one of the most important reasons for its collection is to make use of them as judicial precedents.Nevertheless, there has been a debate among specialists about the validity of those precedents and the extent to which they can be enforced. This study precisely defined the definition of the judicial precedent and its distinction from the similarities and analogies of judicial and legal terms, and then indicated the sources through which the judge can get the respectedjudicial precedents. Accordingly, I have elaborated the authority of the judicial precedents through legal evidence and judicial history, and I have shown that it is possible to enforce it in some instances without others, and I have alsoprovided practical examples from the history of the Islamic judiciary, Saudi Arabia and elsewhere, Which rebuts the common opinion among many specialists about the prevention ofinvoking of the judicial precedents at all, Indicating that the reason for this statement is to refer the mind to a certain type of judicial precedents, with no attention to the other types of evidence showed the possibility of invoking of the precedent of the judicial precedent and even the need to be applied in the judiciary at other times. The study drew attention to the great benefits of applying the judicial precedents,like; the discipline of the judgments of the judiciary, consist 
Supervisor : Dr. Hassan Safar al-Sufayani 
Thesis Type : Doctorate Thesis 
Publishing Year : 1440 AH
2019 AD 
Added Date : Tuesday, April 16, 2019 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
أحمد عمر بالبيدBalubaid, Ahmed OmarResearcherDoctorate 

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