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Bani Younes A.A.S.I.M.,UniversitiKebangsan Malaysia | El-Seoudi A.W.M.M.,UniversitiKebangsan Malaysia | Husni A.M.,UniversitiKebangsan Malaysia
Advances in Natural and Applied Sciences | Year: 2012

This article compares and discusses the Functional specialization for judge of grievances at the Fifth century AH (at the Abbasi era) with the Functional specialization for judge of grievances in Jordanian Law and Saudi Law in current era. It searches for the extent to which the Jordanian and Saudi Laws achieves the same role which was achieved and applied in Abbasi era in this regard. This study is selected because of its importance in our life whereas any maltreated person should know the functional specialization for judge of grievances and, accordingly, know when he can resort to this judicature instead of the normal judicature. This study depends on qualitative methodology where the viewpoints of jurists are collected and the legitimate bases on which their opinions are built. It depends also on analytic methodology by analyzingthe legal articles and the collected viewpoints. Besides that, the study depends on quantitative approach by referring to grievances courts, search in the files and doing Interviews with the specialized persons. The conclusion of this study is that the functional specializations for judge of grievances in the Abbasi era were wider and more comprehensive than those in Jordanian and Saudi Laws. Also, the Abbasi judge had position and status stronger than the position and the status of the current judge in Saudi Arabia and Jordan.


Bani Younes A.A.S.I.M.,UniversitiKebangsan Malaysia | El-Seoudi A.W.M.M.,UniversitiKebangsan Malaysia | Husni A.M.,UniversitiKebangsan Malaysia
Advances in Natural and Applied Sciences | Year: 2012

This study discusses the requirements that should be available in the judge of grievancesin Jordanian Law and Saudi Law comparatively with Islamic jurisprudence. It attempts to clarify whether the requirements which are regulated in these two laws agree or disagree with the requirements which are regulated in Islam. This study is selected because of its importance in our life. It helps the individual who is specialized in the field of judgment to know if he is competent or notcompetent to be a judge of grievances. It also helps the individual to know if the judge who is nominated in grievances has or does not have these requirements. This study depends on qualitative methodology where the viewpoints of jurists are collected and the legitimate bases on which their viewpoints are built. It depends also on analytic methodology by analyzingthe legal articles and the collected viewpoints. Besides that, the study depends on quantitativemethodology by referring to grievances courts. The conclusion of this study is that the requirements of the judge of grievances in Jordanian law are different from those which are regulated in Islamic jurisprudence. This is because Jordanian Law overlooked some requirements in Islamic jurisprudence and, at the same time, added other requirements that are not regulated in it. Meanwhile, the Saudi Law agrees absolutely with the requirements of Islamic jurisprudence.

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