نقض الحكم وحجيته بين الشريعة الإسلامية والقانون الليبي Repeal of judgment and its Authentic between Islamic sharia and Libyan law A comparative study

Abstract

This research is about the  conflict and disagreement on the concept of the reversal of the Islamic shariah law and Libyan, the problem of the search is  that most of the scholars in the Islamic sharia and the four school of thoughts of Sunnis do not allow overturned the verdict of the judge if compatible with the Qur'an and the Prophetic Sunna and consensus, and the judge should have the attributes or qualities of legitimacy, while under Libyan law, the judgment reversed on appeal in the case of providing conclusive evidence is not provided for in the Quran and the sunna supports the appeal despite the qualification of the  judge mentally and scientifically,  thus, the quesiton comes what is the meaning of overturne the judgement   between the Islamic Sharia law and Libyan? The research also aims to identify the concept of the reversal of the judgment in Islamic Sharia law and Libyan. With the Authoritative Statement of cassation in Islamic Sharia law and Libyan. The comparison between the concept of the reversal of the judgment in Islamic Sharia law and Libyan, and follow the INDUCTIVE approach and analytical and comparative researcher in the analysis of the research issues, the most important of the results reached by the cassation appeal was not aimed at re-consideration of the conflict which had already been chapter before the Supreme Court or the Council of State, but to consider whether different jurisdictions have applied the principles in the legal texts, sound judgments, and originally in Islamic jurisprudence that judge boycotted the conflict and decisively controversial; because of its authoritative and binding, other than the criminal law as to be with him to refrain from the proceedings either spent conviction and punishment or acquittal and refused to sign it, if the judgment in question is not decisive in the subject, it may not be the authoritative thing Res judicata.t is the concept of the reversal of the Islamic shariah law and Libyan.