Document Details
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Document Type |
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Thesis |
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Document Title |
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NEGATIVE JUDGMENT DECISION AN APPLIED FUNDAMENTAL STUDY IN THE LIGHT OF JURISPRUDENCE AND LAW الحكم القضائي السلبي ـــ دراسة تأصيلية تطبيقية في ضوء الفقه والنظام. |
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Subject |
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Faculty of Arts and Humanities |
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Document Language |
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Arabic |
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Abstract |
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The problem of the study: The judicial process begins with presenting the dispute to the judge, arguments and the defenses of the opponent until the judge convinces, in which the judge determines who is right and who is wrong according to what he likely believes, so the judge passes his final decision to the dispute after completing all judicial proceedings, therefore the judicial process is ended, also the judge may be ended the judicial process before for different reasons, in all cases, the ending of the judicial process pursuant to the above mentioned may be negative, producing its effects, Accordingly the problem of the study presents the following question: what is the negative judgment decision, pillars, causes, issuance, argument and effects of the negative judgment decision.
Study Approach:
in this study, I pursued several approaches, according to what the study requires, if the study requires pursuing the inductive descriptive approach, also the study requires pursuing the comparative and fundamental approach according to the theoretical study of this research, in addition to the applied study of this research requires pursuing the content approach.
The most Significant Results:
1- The judicial decision is one of the litigation proceedings that formed in a specific legal form that are determined by the law of pleadings.
2- Islamic jurists did not recognize the negative judgment decision as such term, but Islamic jurists actually used it as its meaning.
3- The negative judgment decision is, as fundamental, the system of the judgment issued by the judicial authority in the lawsuit pending before it as a binding decision of the dispute, never or beginning.
4- The general frame of the effect that based on negative judgment decision is excluding something or preventing of doing or leaving something.
The most Significant Recommendations:
1- Generally, confirming to obligate to judicial decision, and the judicial decision is the final in the litigation, and judicial decision must be applied.
2- The appropriate fundamental of negative judgment decision and linking it with the provisions of Islamic Sharia.
3- Urging the general commission of the Supreme Court in the Kingdom of Saudi Arabia to benefit from the principles of comparative judiciary, that has been mentioned above, and considering it according to the provisions of Islamic Sharia. |
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Supervisor |
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Dr. Abdullah Ali Abdullah Basfr |
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Thesis Type |
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Doctorate Thesis |
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Publishing Year |
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1441 AH
2020 AD |
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Added Date |
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Wednesday, June 24, 2020 |
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Researchers
| عبدالله فهد الشويعي | Alshewei, Abdullah Fahad | Researcher | Doctorate | |
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