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Abstract

Praise be to Allah, the Lord of the Worlds, and peace and blessings be upon the Seal of the Prophets and Messengers, and on his family and companions, and their followers with charity until the Day of Judgment.After:The interest of Islam in the judiciary in terms of organization and proper application since the issuance of the Islamic call, and the first message era; because of the great importance of the judiciary in the Islamic State, and a high degree, it is for the sake of science, and the highest place, and honorable male, even some interpreters in the interpretation of wisdom Which is contained in the verse: ((We have received wisdom and separated speech)) (), that the intended science of the judiciary ().For this reason, the Holy Prophet (peace and blessings of Allaah be upon him) began the task of judiciary himself, and his companions ordered it, and some of them sent judges to the newly introduced territories in the young state of Islam. The jurists of the Ummah have given great importance to the judiciary. They discussed the ethics of the judiciary, the duties of the judge, the conditions of validity of the judiciary, etc.The methods of proof are important and vital issues in the study of the Islamic judiciary, the method used by the judge in the evidence depends on the realization of the right and preponderance of the balance of justice, although the corruption in the method of proof prevents the access of people to their rights, therefore, the means of proof high status when Jurists, who have taken them full attention until they wrote books in this section, including: Judicial methods of the son of the values ​​of al-Jawziyyah, and the insight of the rulers of Ibn Farhoun, and appointed rulers of Alaeddin Trabelsi, and wrote the literature of the judiciary to one of the scientists ().Faced with this great interest of our venerable jurists for this aspect of our original jurisprudence, I felt that I could make every effort to deal with a small part of the means of proof in the Islamic judiciary, I used God Almighty to write in the case of the judge's return to the people of experience, to stand at the concept of that, Then I tried hard to address the mechanism of this recourse, and how or conditions, and I used, besides the books of Islamic jurisprudence, including the references of God positivist law, then I chose three of the issues to be practical examples of the return of the judge to the people of experience, and addressed the definition and sayings Jurists in them.

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