Conditions of the Judiciary in Jurisprudence and Law

Abstract

 It is known that the jurisdiction of the judiciary is one of the most important and greatest pillars of governance in the state, it is the work of the prophets and messengers, and there are laws in which God’s law governs, and in return for positive laws derived from positive systems, and what we have done is that we have compared the tapes of assuming the judiciary in jurisprudence and law, because the study of comparison has great importance in view of For its effective role in opening up to other laws and showing aspects of agreement and the difference between them, bearing in mind that the only aspect that is correct to converge between Islamic jurisprudence and positive law is the jurisprudential side, so we mentioned in the introduction the importance of the judiciary, the reasons for choosing the topic, the research method, and reference to the studies Bug, and then we entered the heart of the matter was made up of two sections. The first topic focused on the conditions agreed upon in Islamic jurisprudence in the assumption of the judiciary, which is Islam, puberty, and reason and the most important condition in the ruler's assumption of the judiciary in statutory courts is nationality, and no law of statutory provisions stipulated that the ruler be a Muslim except the law of the United Arab Emirates, The judge's enjoyment of the nationality of the country in which he works is a condition inconsistent with the provisions of Islamic Sharia. As for the second topic, we mentioned the different conditions in it, firstly, masculinity and the preponderant that a woman can be completely judged, because Islam affirms the equality of women in men in humanity, competence, and dignity, and that they are no less than men in knowledge and awareness, the preponderance of reason, the ability to distinguish, and the promotion of virtue and forbidding what is wrong, secondly Justice and we have clarified the ruling on assuming immorality, thirdly, ijtihad and we have indicated that the ruler should not be imitating other rulings. Fourthly, the integrity of the senses and we have indicated that the intended senses are sight, hearing, and speech, all with the comparison between statutory laws, and a statement that Islamic law is valid for every time and place , Islamic jurisprudence is above non-Islamic studies in a few minutes, taking things, coordination and arrangement. The aim of the research is to highlight and demonstrate knowledge of the tapes required in the judiciary in jurisprudence and law.