مواكبة السياسة الشرعية لطرق الإثبات في القضايا الحقوقية أمام المحاكم الشرعية في المملكة (دراسة مقارنة)

Abstract

In the name of God, the most gracious, the most merciful Praise be to God and may prayers and peace be upon our Prophet Mohammed, his family and companions all, then This is the abstract for my study that named the legal policy of proof ways in legal cases before the Islamic Courts in the Kingdom of Saudi Arabia (comparative study).
 In the study introduction, I have discussed the importance and the great role of the legal policy in the current reality, especially with regard to the rules and methods of proof. I have also mentioned the problem of the study that represented in the proof freedom system that enables judges to consider the evidence that they deem appropriate without any controls in which evidence is implemented as many evidences were excluded. Such as the written evidence issued by an official body, by giving priority to the witnesses evidence. This leads to raise many practical disputes, which is not the system desired goal as it aims to the transactions stability. I gave also mentioned the study methodology that relied on the Comparative jurisprudence and then concluded it with the study plan that divided into two sections.
 The first section is the aspects of the proof freedom system in litigation before the Saudi courts. I divided it into two topics. The first topic includes the nature of the proof freedom before the courts. As there are three systems on which the evidentiary system is based in comparative legal systems and the situation in the Kingdom courts. In the second topic I have discussed the effects of the proof freedom system in civil cases before the Islamic Courts in the Kingdom of Saudi Arabia. These effects include the instability of rulings, the multiplicity of facts, disputes increasing, the expansion of interpretative judgment and the opening of conflict between reality and codified systems.
 The second section includes the alternatives to the legal policy of the proof freedom in civil cases in the Kingdom. I divided it into two topics. The first topic includes the implementation of the legal policy in setting up a proof system that depends on the mixed proof principle. I pointed out that the mixed system makes the material fact proof go to all proof methods without limits. This reflects the mutual interests between the plaintiff and the defendant. At the same time it works to achieve the desired goal of the rules of this system in the transactions stability according to a clear and balanced work system that enables the judge to reach the same ruling reached by the former judges in similar lawsuits. In the second topic I have discussed the Standard Controls that limit the freedom of judges to deal with the proof rules. The first important standard is to limit the interpretative judgment in light of the codification in application of the Islamic jurisprudence policy. The second is to take the general proof principles as a method for the mixed proof system. The third is the commitment of the mixed proof system rules.