المستخلص: |
The Islamic law (Sharia) is based on Justice. It is not based on nationalism or racism. Therefore , injustice and infringement of human rights are unacceptable. All nations , through all ages , have seen justice as a human requirement. However, jurisdiction is a human practice that Is subject to errors. This entails the loss of people’s rights which the Islamic Law strongly prohibits, that’s why it permits asking for a retrial to defy a certain verdict if it goes against an explicit text, a consensus , or an evident analogy. This research addressed the following: Chapter I :dealt with the definition of retrial in the Islamic Law , the proof of its legitimacy , and the procedures that a lawsuit goes through in the Islamic law. Chapter II: dealt with the definition of retrial , its legitimacy , appealing , retrial justifications and conditions , and who has the right to appeal in the Islamic Law and the Civil Law. In the Conclusion , there are important results and recommendations mentioned.
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