Judicial Procedures in Maliki DoctrineFundamental Study

القضاء الشرعي، المذهب المالكي

Abstract

The study aims to look into the judicial procedural fundamentals in al-Maliki jurisprudence (Fiqh), the researchers has adopted in they study the descriptive approach, taking advantage of both inductive and deductive methods. they made they study in four chapters: - In the introductory chapter they discussed the definition of judicial procedural fundamentals and their evidence in the holy Qur'an and Sunnah, and they demonstrated the basic elements of judiciary and the general judicial procedural fundamentals. - In the first chapter the researchers discussed procedures of the judicial proceedings in front of the courts, managing their sessions in the Maliki school, and procedures followed in bringing lawsuit and response to it -In the second chapter the researchers discussed procedures to prove the lawsuit and its accidental cases in the Maliki school, types of evidence and their procedures, refute and unify, adjourn, stop judgment and drop the lawsuit -In the third chapter the researchers discussed the definition of judgment and its types, procedures, effects resulting from judicial judgments and the followed procedures, to correct judgments and accelerate their implementation, provisional detention, expenses of the proceedings, challenging the verdicts by appeal and objection, and demonstration of the judicial decisions. Then the researchers concluded his study in an epilogue, which included the most significant findings and recommendations: - The judicial proceedings documents and evidence are derived from the holy Koran and the Sunnah, such as: pleading in front of the court, judge listens to words of the two parties to judge between them, and proofs on the evidence.