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REASONS FOR JUGMENT BETWEEN ISLAMIC LAW AND THE ALGERIAN JUDICIAL SYSTEM
(REASONS FOR JUGMENT BETWEEN ISLAMIC LAW AND THE ALGERIAN JUDICIAL SYSTEM )

Yazar : Rabiaa ANDJECHAIRI    
Türü :
Baskı Yılı : 2020
Sayı : 53
Sayfa : 394-413
46    26


Özet
The judicial reasoning is indisputably important among Sharia jurists and law scholars, and as a justification for the result reached by the judge in his ruling has its benefit for the parties to the dispute, for the judge, and for others who are acquainted with the ruling, so it was said that the judicial reasoning is one of the greatest guarantees imposed by the law on judges. The judicial reasoning is applied by Sharia and by the law to clarify the logical reasoning of any judgment, because it is through it that, we can understand the accurate and legal basis upon which the judge has based his ruling, and through it the rights are communicated to their owners as carefully as possible. This is an important purpose of Islamic Sharia in the judiciary system, and it helps the litigants to be convinced by the judgment provisions. Because of the judicial reasoning advantages, the Islamic law has taken care of it since a long time. It is also stipulated in positive laws. Even the Algerian legal system, emphasized the issue of the judicial reasoning, whether in penal or civil judgments. In various legislations, including Algerian reasoning of any judgment, because it is through it that we can understand the accurate and legal basis upon which the judge has based his ruling, and through it the rights are communicated to their owners as carefully as possible. This is an important purpose of Islamic Sharia in the judiciary system, and it helps the litigants to be convinced by the judgment provisions. Because of the judicial reasoning advantages, the Islamic law has taken care of it since a long time. It is also stipulated in positive laws. Even the Algerian legal system, emphasized the issue of the judicial reasoning, whether in penal or civil judgments. In various legislations, including Algerian legislation, the judge’s commitment to reason his judgment is considered one of the basic guarantees granted to litigants against every ruling that may be issued based on the judge’s exercise of his arbitral power, so the reasoning guarantees the rights of defendant and leads to a fair trial.

Anahtar Kelimeler
The Judicial Reasoning, Islamic Law, The Algerian Legal System, A Fair Trial.

Abstract
The judicial reasoning is indisputably important among Sharia jurists and law scholars, and as a justification for the result reached by the judge in his ruling has its benefit for the parties to the dispute, for the judge, and for others who are acquainted with the ruling, so it was said that the judicial reasoning is one of the greatest guarantees imposed by the law on judges. The judicial reasoning is applied by Sharia and by the law to clarify the logical reasoning of any judgment, because it is through it that, we can understand the accurate and legal basis upon which the judge has based his ruling, and through it the rights are communicated to their owners as carefully as possible. This is an important purpose of Islamic Sharia in the judiciary system, and it helps the litigants to be convinced by the judgment provisions. Because of the judicial reasoning advantages, the Islamic law has taken care of it since a long time. It is also stipulated in positive laws. Even the Algerian legal system, emphasized the issue of the judicial reasoning, whether in penal or civil judgments. In various legislations, including Algerian reasoning of any judgment, because it is through it that we can understand the accurate and legal basis upon which the judge has based his ruling, and through it the rights are communicated to their owners as carefully as possible. This is an important purpose of Islamic Sharia in the judiciary system, and it helps the litigants to be convinced by the judgment provisions. Because of the judicial reasoning advantages, the Islamic law has taken care of it since a long time. It is also stipulated in positive laws. Even the Algerian legal system, emphasized the issue of the judicial reasoning, whether in penal or civil judgments. In various legislations, including Algerian legislation, the judge’s commitment to reason his judgment is considered one of the basic guarantees granted to litigants against every ruling that may be issued based on the judge’s exercise of his arbitral power, so the reasoning guarantees the rights of defendant and leads to a fair trial.

Keywords
The Judicial Reasoning, Islamic Law, The Algerian Legal System, A Fair Trial.

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