Document Details
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Document Type |
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Thesis |
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Document Title |
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Judicial codification and its impact on the renewal of Islamic jurisprudence and the development of the judiciary in Saudi Arabia التدوين القضائي وأثره في تجديد الفقه الإسلامي وتطوير القضاء في المملكة العربية السعودية |
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Subject |
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Faculty of Arts and Humanities |
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Document Language |
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Arabic |
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Abstract |
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It is clear from this study, which is entitled: Judicial codification and its impact on the renewal of Islamic jurisprudence and the development of the judiciary in the Kingdom of Saudi Arabia, a comparative descriptive comparative study, that no matter how many powers within and outside the Muslim world are keen to focus Western legislation as a reality in Muslim life, And laws. They have also sought to challenge and question the ability of Islamic legislation to cope with changing circumstances. This has led some to claim that Islam is a spiritual and doctrinal relationship and not its provisions in political and economic organization. Western conceptions have also led to "conciliatory" ideological calls to exclude Islamic legislation by claiming forced reconciliation between Islamic law and Western ideas on the basis of " Sharia, "and therefore the issue of codification and codification of Islamic jurisprudence has become a fundamental issue and worthy of research and discussion at all levels in the Muslim community, There is no doubt that the necessities of time and space, and the adaptation of Sharia to the diversity of societies; raises many issues that need to be resolved, and can not remain sectarian control of the Islamic communities, and remain in the endless debate between opponents and supporters to the Hour. The study reviewed the topic by dividing it into an introduction to the study which included its problem, questions, objectives and methodology, and then a preliminary chapter entitled: What is the judicial codification language and terminology, and dealing with the meaning of codification in language and terminology and its characteristics, The second chapter discussed judicial codification and its relation to the development of the Saudi judiciary. The fourth chapter discussed the effect of judicial blogging on the development of the Saudi judiciary. This was followed by the conclusion of the study, which included The results of the study and its recommendations, followed by a list of sources and references of the study, and one of the most important findings of the study of the results that the idea of blogging is old began in the era of the Abbasid Caliph Abu Jaafar al-Mansur, This idea turned into a reality in the era of the Ottoman Caliphate, and the experiences of the Islamic countries in codification and their efforts in this regard are somewhat different and different. In addition to the countries, some scholars contributed to the codification process as indicated in the study's position. And the challenges of legislative reform through the codification of Islamic jurisprudence, there are unlimited challenges and obstacles in terms of the renewal and codification of Islamic jurisprudence, because of the conflict of intellectual trends, the conflict of stakeholders, and the visions of scientists and scholars contrasting with the contemporary Arab society, All the roads, There are trends of good faith and action based on the codification of the opinion of the most correct in the Islamic jurisprudence and not on the opinions of the arbitrariness, where is weighted in accordance with the rules of conflict and weight known in the jurisprudence of jurisprudence. The study recommended non-adherence to a particular doctrine when codifying Islamic jurisprudence and setting up bodies in Islamic countries to codify and codify the provisions of the Islamic Shari'a law, including prominent scholars known to renounce sectarian fanaticism, And the consultation of those involved in the application of the law in the codification, such as judges and lawyers to know their observations because they are most familiar with the circumstances and circumstances of application and shortcomings and methods of treatment, and holding seminars and meetings and dialogues and forums to discuss the issues to be codified by scientists and researchers and interested and documenting and documenting the recommendations and observations that result from those meetings and scientific seminars, To further conclusions and recommendations in the body of the letter. |
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Supervisor |
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Prof.Dr. Hassan bin Mohammed travel |
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Thesis Type |
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Doctorate Thesis |
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Publishing Year |
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1440 AH
2019 AD |
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Added Date |
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Monday, August 19, 2019 |
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Researchers
| محمد عايض القحطاني | Al-Qahtani, Mohammed Ayed | Researcher | Doctorate | |
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