Rule: The Muslim community majority taking the role of the judgeHistory, Roots and Practice

Abstract

The Sultan of Islam's absence from the countries of the Islamic Maghreb in the past has led to a major problem for Muslims; Their Maliki jurisprudence stated that: "The Muslim community takes the place of the judge", this study undertakes to clarify the circumstances and historical reasons that led Maliki jurisprudence to devise this rule, and its validity to operate in circumstances other than those in which it arose.The researcher used the analytical inductive approach and historical approach, and came to a number of conclusions, including that the followers of the three schools of jurisprudence took this rule from the Malikis, and those jurisprudential institutions and a number of jurists of the age considered that the Islamic centers of the western world take the place of the Muslim judge. The researcher recommended that there should be a requirement to study Islam in the judge extensively in light of contemporary civil developments.