القضاء فی عصر الخلفاء الراشدین شریح القاضی وتاریخه القضائی أنموذجا
مجلة جامعة الأنبار للعلوم الإسلامیة,
2013, السنة 4, العدد 16, الصفحة 592-617
الملخصThrough our study of this research (Judge Shurayh and the judicial history) we came to the following conclusions:
1. The judge in the fortress not inform him of the hands of the right nor successor Sultan unfairly attributed to the Book of Allah and the Sunnah of His and marker conscience and religion and Oazaah his faith and conviction, not judges are obliged to obey the Caliph if it is proved that it is contrary to the evidence.
2. The judiciary is not independent and fair only be a caliph or the highest authority in the state fair and is subject to justice is also subject any member of the parish and brought before the courts to achieve social justice and a good example to appear Omar ibn al-Khattab and Ali ibnAbiTalib (may Allah be pleased with them) before the judge Shurayh and spent on them following the example of the Messenger ) while felt بدنو for him deeds to be meet Allaah with hisof Allah ( and not for One a dark be upon summoned his cousin credited with and ordered him to combines to him people and came out leaning on credited with he was sick, blindfolded the head Atoek also Atoek, two men Fjels on the pulpit and Hamad Al of God and praised him He said you are flogged him at noon it back Felictkd him and insulted him an offer this accidental Felictkd him though I love to take right from me or Ahlna him even threw God and I'm a good self-man stood up and said, 'O Messenger of Allah, you've got three dirhams said Take my preferred and the Another man said O Messenger of God, you've got three dirhams Glltha the in the way of Allah has said Glltha said you desperately need to take it with him said you preferred.
3. The religious faith when the judge is of great importance in achieving social justice.
4. The achievement of social justice requires that the judge The money, according to Omar wrote to some of his workers only Tstqdan The money, according to the The money to unwilling people and money The blue-chip do not fear the consequences among the people.
5. Be the judge of sufficient intelligence, for example, when tested Omar ibn al-Khattab (may Allah be pleased with him) the judge Shurayh the feud between him and the man Sawmh on a horse Ftab Persians said to him Shurayh Take O faithful what I bought or restitution also took فأعجبه it and sent the judge to Kufa.
6. Provisions of the judicial Shurayh have a big impact in enriching the Arab Islamic civilization in relation to personal status and the provisions of the Civil Transactions with its provisions was to eliminate the impact of the judges who came after him and his jurisprudence evidence of the authenticity of our civilization.
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