اJudicial Principles in Islamic Jurisprudence "No judge may judge for himself, nor for a parent or a child" Collection, Study, and Conclusion

Document Type : Original Article

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PhD Researcher, Department of Islamic Studies - Jurisprudence and its Principles Track - College of Education - King Saud University - Kingdom of Saudi Arabia

Abstract

Praise be to God, Lord of the Worlds, and prayers and peace be upon the most honorable of prophets and messengers. This research is entitled Judicial Principles in Islamic Jurisprudence: "No judge may judge for himself, nor for a parent or a child, as a model." This research aims to investigate and study the judicial principle in question, which is mentioned in the words of the jurists of the various schools of jurisprudence - may God have mercy on them - in their books on jurisprudence. It then examines the meaning, evidence, formulation, applications, exceptions, and rulings of the principle, thereby enriching the jurisprudential principle in general by distinguishing, clarifying, and illustrating it. I divided it into: an introduction, in which I outlined the research objectives, previous studies, the importance of the topic, the reasons for choosing it, the research plan, and the methodology I will follow; a preface, in which I defined the title's vocabulary and mentioned the text of the generality found in judicial books; and six sections. The first addressed the meaning of the generality, the second addressed the evidence for the generality, the third addressed the formulation of the generality, the fourth addressed its applications, the fifth addressed its exceptions, and the sixth addressed the rulings of the generality. I concluded that research into the jurisprudential generality is important, as it moves the jurisprudential generality from theory to practice. Through it, the researcher understands the impact of this generality in terms of: understanding the

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