مجلس الحكم وأنواع الدعاوى القضائية (دراسة فقهية مقارنة)

Abstract

Knowledge of jurisprudence matters is one of the noblest and greatest sciences. What is based on the Muslim's worship of Allah, and the most important matter of jurisprudence related to the judiciary because the judiciary is the balance of justice in dealing and judgment between people. Hence, the problem of the Research lies in identifying the opinions of the jurists and their doctrines in the Governing Council, as well as lawsuits, their types, and their conditions. The Research aimed to define the Governing Council linguistically and idiomatically, clarify the provisions related to the Governing Council in Islamic jurisprudence, and present the types of lawsuits in Islamic jurisprudence in terms of their validity and invalidity, and the execution of the conditions of the lawsuit by the plaintiff and the defendant. This is by the following approaches: Inductive: by extrapolating matters and tracking them in the books of approved Doctrines of jurisprudence. Analytical: by analyzing the statements contained in the different schools of jurisprudence. Comparative: By studying matters and weighing them.

The Research reached the most important results, which are that the jurists agree to prevent what the litigants withhold from the judge except what the Malikis have permitted but this permissibility is in the public interest and not in order to withhold the litigants from their needs, so its ruling then revolves between prohibition and permissibility.

With regard to taking the mosque as a council for the judiciary, the ruling is between non-permissible and permissibility. In any case, if he sits in the mosque with or without non-permissible, he prevents the litigants from entering into it with quarrels. Rather, they sit outside the mosque, whoever enters it sets up two litigants, and the defendant is concerned with two conditions: that the defendant be known and appointed since there is no way to reach the target of the lawsuit except with this condition. And the presence of the litigants, which was stated by the Hanafis for the validity of the lawsuit of the plaintiff only.

key words: Governing Council, Lawsuits, The plaintiff, The defendant