This article for which I chose the topic of "The lawsuit and the conditions for its acceptance between Islamic jurisprudence and positive law", I will try to answer this question in both Islamic jurisprudence and positive law, in the second topic of this research, and the first topic I will dedicate to the lawsuit, in terms of its analysis and mention its properties and elements.

Keywords:

Acceptance of the case, jurisprudence, law, terms of acceptance.

References :


[1] The Holy Qur'an with the narration of Warsh

[2] Family rulings in Islamic Sharia according to the Personal Status Code, by Ibn Majouz, Al-Najah Press 1414 AH.

[3] Foundations of the prosecution before the civil judiciary, Azmi Abdel Fattah, Dar Al-Nahda 1991 AD.

[4] Civil Procedure, Amina Al-Nimr, University House.

[5] The Origins of the Pleadings, by Nabil Ismail Omar, Knowledge Foundation, 1993 AD,

[6] The Origins of the Civil and Commercial Procedures Law, by Ahmed Hindi, University Press, 2002 AD.

[7] The Clear Sea by Ibn Najim, Great Arab Book House in Egypt.

[8] Al-Bahja Sharh Al-Tuhfa - by Al-Tasouli - Dar Al-Fikr 1416 AH

[9] The Rulers' Insight into the Origins of Districts and the Methods of Judgments, by Ibn Farhoun, Dar Al-Kutub Al-Ilmiyya, 1416 AH.

[10] Qalyubi's footnote to Jalal al-Din al-Mahali's explanation of the curriculum - by Qalyubi - Mustafa Al-Halabi Press - 1375 AH

[11] Sharh Hudood ibn Arfa, by al-Rasaa, Tunisian Press, edition 1/1350.

[12] Explanation of the Code of Procedure, by Abu al-Basal, Al-Arz Press, 1999 AD.

[13] Conditions for accepting the lawsuit in civil and commercial matters. Ramadan Jamal Kamel, Al-Alfi Legal Library, first edition, 1998 AD,

[14] Sahih Muslim with Sharh Al-Nawawi - The Egyptian Press and its Library 1394 AH

[15] Controls of interest, by Muhammad Saeed Ramadan Al-Bouti, Al-Resala Foundation, Beirut, second edition.

[16] The ultimate goal in combining persuasion and the ultimate, by Marei bin Yusuf al-Hanbali, Dar es Salaam, Damascus, first edition.

[17] Fath al-Bari Sharh Sahih al-Bukhari by Imam al-Hafiz Ibn Hajar, United Technical Printing Company, 1384 AH,

[18] Al-Fara'iq by Al-Qarafi, Issa Al-Halabi Press, edition 1/1346 AH.

[19] Code of Civil and Commercial Procedure Ramzi Saif, Kuwait University, 1974

[20] Code of Civil and Commercial Procedure Nabil Ismail, University Press 1994.

[21] Dictionary of Language Standards by Ibn Faris, Dar Al-Fikr, 1399 AH.

[22] The Rulers' Helper on Cases and Rulings, by Abu Ishaq Ibrahim bin Hassan Abdul Rafi, Dar Al-Gharb Al-Islami.

[23] The Rulers' Helper in the Frequency between the Two Opponents of the Rulings, by Ali Trabelsi, Al-Amiri Press in Bulaq, edition 1/1300.

[24] The Ultimate Wills of Muhammad bin Ahmed Al-Futuhi Al-Hanbali - known as Ibn Al-Najjar - Dar Al-Jeel Al-Jadeed Press - 1381 AH

[25] Towards a general theory of the idea of litigation before the civil judiciary, Azmi Abdel Fattah, Dar Al-Nahda Al-Arabiya 1990.

[26] The Judicial System and Pleadings in Islamic Law, Abdullah bin Muhammad Al-Shami, no edition.

[27] The theory of the lawsuit between Islamic Sharia and the law of civil and commercial procedures, by Muhammad Naim Yassin, Dar Al-Nafais, Jordan, edition 2/1420 AH.

[28] The theory of defenses to the lawsuit in Islamic jurisprudence, by Muhammad Mahjoub Abdel Nour, Sudanese House, 1420 AH.

[29] The mediator in civil law, Fathi Wali of Dar Al-Nahda Al-Arabiya, 1986.

Citation

Lahoucine Hemouch (2021), The case and the conditions for its acceptance between Islamic jurisprudence and positive law . IUSRJ International Uni-Scientific Research Journal (2)(30),175-183. https://iusrj.org/articles/doai202107031852

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