Article Title

أثر الحكم القضائي في المجتهدات

Authors

مهند استيتي, جامعة الخليلFollow

Abstract

This study aims to clarify the effects of what is issued by a judge,such as deciding a binding right, in the cases wherein the judge does his best to end a litigation؛however, he may have rendered a wrong judgment, for it
is an interpretative one rather than a judgment nisi.

The judge’s verdict is what is delivered by the judge regarding the litigants inorder to decide a binding right؛its role in the mujtahadat is that it settles anylegal dispute with him or between the disputants. Then, it becomes irrevocabbly binding on him, other judges and the Muftis who shall not issue fatwas contradicting that verdict. Then, it shall be executed by the judge or whomeb ever the judge shall order to do so even if the ordered party was a scolar or jurist. Finally, it becomes an enforcable judgment.

Recommended Citation

استيتي, مهند (2020) "أثر الحكم القضائي في المجتهدات," Hebron University Research Journal-B (Humanities) - (مجلة جامعة الخليل للبحوث- ب (العلوم الانسانيه: Vol. 4: Iss. 1, Article 3.
Available at: https://digitalcommons.aaru.edu.jo/hujr_b/vol4/iss1/3