“The judicial position is not just a public job, but it is a cornerstone in the world of law, where the principle of “there is no law without the judiciary,” and therefore the basis of the judicial function is the basis of the relationship between law and the judiciary, whether the functional relationship, the legal relationship, the relationship of necessity, and the idea of ​​the job. Judicialism is not just a form, nor a mere essence, nor a mere goal, but it is a legal idea, and therefore it is of form, essence and purpose.” Sharia law in particular, compared to its application according to the texts and provisions of Islamic Sharia, to what extent is it applied?, and herein lies the problem of the study. The importance of the study stems from the search for shedding light on the history of the Sharia judiciary, its independence, the origins of litigation in it, and its dependencies through this research. The study aims to find out what are the guarantees that make the judge independent in his judgment, and to consider the fact that they exist legally and legally. In her study, the researcher followed the inductive method, and the comparative analytical descriptive method. The study concluded that the adoption of a decision by Law No. 8/2021 on the Palestinian Sharia judiciary is a step to determine the principle of the independence of the Sharia judiciary system, after its organization and legislation has been organized and legislated by a Jordanian law and nearly 49 years of working according to it. In light of these results, the researcher recommended the necessity of updating judicial laws and legislation, developing explanatory notes for them, approving supreme legal principles from specialists, and enriching the subject with other studies that seek to educate the individual about the principle of judicial independence and its importance.

Keywords: Sharia judiciary, independence, Sharia courts, law, judicial authority.

Title

مجلة الشريعة والدراسات الإسلامية

Publisher

كلية العلوم الإسلامية

Publisher Country

Algeria

Publication Type

Prtinted only

Volume

13

Year

2022

Pages

103- 139