Judicial Inspection: Its Criteria and Procedures in Islamic Jurisprudence and Qatari Law

Abstract

This study examines judicial inspection as a pivotal evidentiary tool in civil and commercial proceedings, offering a comprehensive comparison between the provisions of Islamic jurisprudence (across its four schools) and Qatari law. The research aims to clarify the concept, legitimacy, and evidentiary weight of judicial inspection, analyze the balance between judicial powers and litigants' rights, and review its practical applications in the Qatar Court of Cassation. Employing a comparative analytical methodology, the study found substantial alignment between both systems regarding the use of inspection and experts to ascertain truth, while affirming judicial independence in evaluating expert reports. Recommendations include enhancing specialized expert training, developing uniform standards for expert reports, and leveraging modern technologies in judicial inspection.