The independence of the judiciary in Islamic jurisprudence and positive law

Document Type : Original Article

Authors

1 Qatar University

2 Faculty of Law - Mansoura University

Abstract

This research deals with the issue of judicial independence in Islam and positive law, considering that the independence of the judiciary is the basis of justice, especially in criminal matters. The right to a judge or to a court is one of the fundamental rights of the accused. In this research, we explain the features of this right in law and in Sharia in order to stand on the extent to which Islamic jurisprudence and positive law respect the right to an independent judge, which is one of the basic elements that make up the right to a fair lawsuit in criminal matters.

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