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- Title
İslam Hukukunda Kādînın Sicil Kaydı Alma ve Saklama Yöntemi.
- Abstract
This study deals with the Muslim judges methods of obtaining and retaining records in Islamic law. Islamic law plays an important role in protecting people’s rights and courts play a central role in this process. Muslim judges issue judgements in courts, putting an end to disputes between parties. However, in some cases, there may be a need to reapply the judgements in the future. For this reason, Muslim judges kept the judgements rendered by the courts in written form in registers. The study emphasises that different schools of Islamic jurisprudence hold different views on the keeping of registers by judges. While some imams of some schools of Islamic jurisprudence state that the keeping of registers is fard al-kifaye (an obligation for the general welfare of society), others state that in some cases it is obligatory. It is also stated that in some sects, Muslim judges are granted freedom of choice in this regard. The study also focuses on the importance of keeping the registers and how they were maintained. The registers are preserved in written form as a source for future applications and information needs. These registers were of great importance in protecting the rights of the winning party. By recording the information, the Muslim judges prevented any confusion or disputes from arising. In conclusion, this study emphasises the importance of the Muslim judges methods of recording and storing records in Islamic law. This practice can also be observed in other areas of Islam and has an important place in classical fiqh books. Although there are different views among Islamic schools, it is concluded that there are strong arguments for taking and keeping records.
- Subjects
JUDGES; ISLAMIC law; LEGAL judgments; INFORMATION needs; ISLAM; JUDICIAL elections; ARBITRATORS
- Publication
Ilahiyat / İlahiyat, 2023, Issue 10, p5
- ISSN
2667-5153
- Publication type
Article