Commercial Judicial Sanctions in the Saudi Judicial System in Light of Islamic Jurisprudence

Document Type : Original Article

Author

PhD Researcher, Department of Judicial Studies, Faculty of Sharia and Arts, King Abdulaziz University, Jeddah, Kingdom of Saudi Arabia.

Abstract

This research addresses the topic of commercial judicial penalties in Islamic jurisprudence and the Saudi system, through a comparative, original study that clarifies the concept, characteristics, types, and foundations upon which commercial judicial penalties are based, while also explaining their philosophy and development over the ages. The research began by defining the concept of punishment in terms of language and terminology. It then expanded on explaining the concept of punishment in Islamic jurisprudence and its equivalent in the Saudi system, clarifying its characteristics in each system and shedding light on the differences and connections between them in terms of objectives and applications. The research then moved on to the concept of the judiciary, through a linguistic and terminological study, clarifying its meaning and position in Islamic jurisprudence and the Saudi judicial system, while clarifying the principles upon which the judiciary in the Kingdom is based, such as justice, equality, and judicial independence. In the third section, the research addressed commercial judicial punishment in terms of its concept in Islamic jurisprudence and its types. It then moved on to the Saudi system, explaining how this type of punishment is regulated, reviewing its theoretical and practical aspects. The research also focused on the philosophy of commercial judicial punishment, by examining the principles upon which this punishment is based in Islamic jurisprudence, and how it was adopted and developed in the Saudi system, with reference to the historical development of these concepts. The research concludes with a comprehensive comparative study of commercial judicial penalties in both Islamic jurisprudence and the Saudi system, highlighting the most important characteristics that distinguish these penalties in both cases, and the extent of compatibility or divergence in commercial judicial applications between them.

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