Document Details
|
Document Type |
: |
Thesis |
|
Document Title |
: |
Judicial Emerging Issues, A Fundamental & Applied Study النوازل القضائية دراسة تأصيلية تطبيقية |
|
Subject |
: |
Faculty of Arts and Humanities |
|
Document Language |
: |
Arabic |
|
Abstract |
: |
The study problematic lies in:the fact that the judicial emerging issuesand its methodology of study did not take sufficient time in academic studies, and even those studies that dealt with judicial emerging issues did not consider the fundamental aspect of this science orits methodology of research. Because of this, the research problematic is summarized in the following questions: What is the reality of judicial emerging issues? And what is the difference between them and Jurisprudential and legal emerging issues? And what is the judicial emerging issues’ methodology of study? And how to apply the methodology of this judicial approach to the emerging issues?
This study aims to: clarify the truth about judicial emerging issues and the difference between them and the emerging Jurisprudential and legal issues, and to indicate the scientific method in the study, and how to apply the methodology of this judicial approach to the emerging issues.
The importance of this studyis illustrated by the need to enrich the judicial library by consolidating the study of the issues arising in the judicial realm. The methodology used in this study is descriptive analytical approach.The study included an introduction, three sections and a conclusion. Section One: Scientific Consolidation of Judicial Emerging Issues, which contains three chapters: Chapter One: The Truth about Judicial Emerging Issues, Chapter Two: The Importance of Judicial Discretion in Emerging Issues. Chapter Three: Sources of Judicial Emerging Issues. Section Two: The Fundamental Scientific Approach of Judicial Emerging Issues, which contains three chapters: Chapter One: The Observer of the Judicial Emerging Issue. Chapter Two: Methods of Identifying the Rule of the Judicial Emerging Issue. Chapter Three: Study Methodology of Judicial Emerging Issues. Section Three: Applied Study of Judicial Emerging Issues, which contains three chapters: Chapter One: Emerging Issues in Criminal Sanction, Chapter Two: Emerging Issues in Civil Sanction, Chapter Three: Emerging Issues in Administrative Sanction.
The main findings of this study are: First: Fundamental Judicial Emerging Issues are the facts that emerge in the mundane sanction that require binding legal judgement. Second: Subordinate Judicial Emerging Issues are the emerging facts in state works of judiciary, which required binding legal judgement. Thirdly, jurisprudential emerging issues are more common than judicial emerging issues. They deal with all sections of jurisprudence; something that distinguishes them from judicial emerging issues which dealwith transactions.The jurisprudential emerging issue is concerned only with deriving the religious (Shari’a) sanctionunlike the judicial emerging issue which is concerned with deriving the mundane sanction only. Fourthly, legal emerging issues are more specific than judicial emerging issues, namely, applying legal rulesto the specific facts, while the judicial emerging issues include searching the legal basis when applying to the specific facts. From another perspective, they are more general, as they include various facts that do not require the creation of a new legal basis while dealing with emerging facts.Fifthly: the fruit of judicial emerging issue is the revealing of the mundane sanction and its obligation, and the mundane sanctionis of three types: criminal sanction, civil sanction and administrative sanction.
The mundane sanction is divided into an objective sanction, and a procedural sanction. Sixth: The proposed approach to the study of judicial emerging issues is in four stages. It starts with the subject of judicial emerging issues, then the result of judicial emerging issues, afterwards the adaptation of the judicial emerging issues, and ending with the formulation of the judicial emerging issues.
The main recommendations based on the study findings are:First: The importance of establishing judicial assemblies where specialists in Sharia and law will meet to discuss judicial emerging issues.Second: Making use of the proposed methodology in this study to examine judicial emerging issues.Third: directing the post-graduate students in the specialization of judicial studies to research the types of objective mundane sanction. Fourth: directing the post-graduate students in the specialization of judicial studies to research the types of procedural mundane sanction.Fifth: The importance of studying the types of subordinate judicial emerging issues. Sixth: The importance of the fundamental and applied study of legal emerging issues. |
|
Supervisor |
: |
Dr. AbdulRahman Nafea Al-Sulami |
|
Thesis Type |
: |
Doctorate Thesis |
|
Publishing Year |
: |
1440 AH
2019 AD |
|
Added Date |
: |
Wednesday, July 31, 2019 |
|
Researchers
| ماهر محمد القرشي | Al-Qurashi, Maher Mohammed | Researcher | Doctorate | |
|
Back To Researches Page
|