The Rulings of the Judge in the Malikī Jurisprudence A Comparative Jurisprudential Study with Reference to the Book Entitled al-Mudawanah

Abstract

This research investigates the rulings of the judge in the Maliki jurisprudence through reference to the book entitled al-Mudawanah fī al-Fiqh al-Malikī, and comparing them with the rulings of the judiciary and the judge in other schools of jurisprudence. The descriptive, analytical, and inductive methods were used in this investigation. The findings indicate that the pillars of the judiciary are most likely six and that the witnesses have conditions, including their recommendation, and the judge must ask about the witnesses in the case before him, which is the view of the public. And that a judge’s verdict is accepted except by the testimony of two just witnesses, which is the opinion of the public and the Malikis, contrary to what the code says. In addition, the judge does not consider anything, unless the two parties agree to it. The testimony of boys is not accepted in crimes and penalties such as murder. Finally, the testimony of women is not accepted in punishments, murder, divorce, manumission and marriage, and it is permissible only in private funds. DOI: 10.35696/1915-000-023-005