The Relationship between Judiciary & EFtaa' in Islam"West Bank / Palestine - as a Case Stady"

Year: 
2016
Discussion Committee: 
Dr. Abduallah Abu Wahdan/supervisor
Dr. Mohamad Assaf/external examiner
Dr. Ma'moun Refa'ee/internal examiner
Supervisors: 
Dr. Abduallah Abu Wahdan/supervisor
Authors: 
Taleb Khaled Ali Sabri
Abstract: 
I discussed in my letter within your hands the relationship between the judiciary and fatwa's in Islam/ Palestine State, and I divided it into three chapters. The first chapter discusses the reality of judiciary and fatwa's I Islam. I have defined the judiciary linguistically/ idiomatically and then touched upon the basics and principles of the justice system. After that, I outlined the types of judiciary in Islam; Which are normal judiciary, adjudication, grievances judiciary and Hisbah Judiciary, and then turned to the main differences between them. then I showed the statement of legality of the judiciary in Quran and Sunnah, what the desired purpose of it is and how it is important in the human s life. I also addressed the Judge's ruling in handling the judiciary and how it's different from one case to another. I distinguished the terms and decencies that should be met in whoever takes over the judiciary podium. After that, I talked about the definition of linguistically idiomatically and the sources that it is based on with its' controls, as well as I talked about the legibility of fatwa in Quran and Sunnah, What the main purpose of it is and its' importance in the believer's life. I showed the main provisions that should be met with whoever handles the act of fatwa. Finally, I ended this chapter with the terms and decencies that should be available with the person who handles the act of Fatwa. As for the second chapter, I discussed the establishment of the forensic Judiciary since the era of the Prophet Mohammed (Peace be upon him) and the Caliphas after him, passing through many eras until the present day, in addition to the most prominent changes and events. After that, I discussed the Jurisdiction of Sharia courts and the tasks entrusted to it and touched upon the staff working in forensic Judiciary. I also discussed the establishment of the houses of Fatwa in Palestine, the stages of its establishing until this present day, the most important tasks entrusted to it, its' bylaws and its administrative staff. As for the third chapter, I presented some provision Jurists consultation cases and distinguished the difference between the Judicial Judgement and the Fatwa. I also dealt with overturning the Judicial Judgement with the Fatwa and presented the sayings of jurists in the Judge's statement (Fatwa). After that, I touched upon the axes of agreement between the forensic Judiciary and the Fatwa based on religious and Worldly effect. Finally, I ended this chapter by discussing some cases of separating between the cornerstones of this study, and I showed the example of approximating the money of Killing mistakenly, as well as seeing the crescents in Ramadan and then discussing some issues related to divorce.
Full Text: 
Pages Count: 
188
Status: 
Published