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Upon completion of the course, the student will be able to:
Clarification of terms and concepts of judiciary and its jurisdiction, conditions of a judge, evidence, testimonies, confession, and inferences.
– Mention the jurisprudential rulings regarding judicial rulings, lawsuits, methods of judgment, their qualities, confession, and presumptions.
- The formation of jurisprudential expertise that enables the derivation of Sharia rulings for judicial cases from their detailed evidence and their application to the facts.
– Possessing good manners and skills in dealing with those who hold opposing views on controversial issues.
– Utilizing modern technology to access information on course matters and obtain up-to-date information.
– Honing students' legal talent to equip them with the necessary skills in the business fields they are preparing for, such as judiciary, investigation, arbitration, law, and Sharia consulting.
– Provide students with a set of judicial rulings issued by courts, public grievances, and judicial committees, and study them.
Knowledge and understanding:
1. To define the terms and concepts of the judiciary, its jurisdiction, the qualifications of a judge, evidence, testimonies, confession, and circumstantial evidence.
2. To mention the evidence of judicial rulings, lawsuits, methods of judgment, its nature, confession, and presumptions.
3. To describe the scientific research methodology for studying jurisprudential issues in the judiciary.
4. To explain the evidence of judicial rulings from the Quran and Sunnah using the scientific methodology of Quranic exegetes and hadith scholars.
Skills:
1- Utilizing technical, computational, and numerical skills in jurisprudential issues within the Book of Judiciary.
2. To derive the Sharia rulings for judicial cases from their detailed evidence and apply them to the facts.
3. To apply Islamic legal rulings to judicial cases based on the facts.
Values, autonomy and responsibility:
- To be characterized by Islamic morals, social, professional, and academic values, and the etiquette of disagreement.
2 - Bear the assigned responsibility professionally and independently.
3- Work collaboratively and effectively as a team.
Course Topics:
Judiciary: Its meaning and the difference between it and fatwa and public morals policing, types of judiciary, and the difference between them, the importance of the judiciary, its ruling, the ruling of assuming its position, and the ruling of seeking it. The Imam's responsibility in appointing judges and selecting them. The office of judge, terms of appointment, types of judicial office, the judge's jurisdiction, his salary, and his dismissal. Conditions for being a judge.
How to choose a judge, in the absence of some or all conditions, obligating the judge to rule according to a specific doctrine. Arbitration, its meaning, types, and what is enforceable. Judicial independence and the matters that help achieve it. Classification of litigation levels and comparison between them, using the judicial organization in the Kingdom as a model. General and specific ethics of a judge in the judicial council. Circumstances in which holding the position of judge is forbidden and the reason for the prohibition. The ruling on a judge accepting gifts and bribes, and the ruling on them buying and selling. What the judge should do upon commencing their work.
The meaning of a judicial ruling, the intention of the method of ruling, and its description.
Determining what the parties to a lawsuit present.
Provisions for hearing evidence and ruling based on it.
The judge's action in case of the defendant's admission or denial.
The judge ruling based on his knowledge.
The place of filing a lawsuit and the competent judge.
Quashing or overturning a judicial ruling and its meaning, and clarifying the relationship between it and the terms "reconsideration," "distinction," and "appeal," and methods of objecting to judicial rulings.
Codification of rulings and its meaning, and the ruling on adopting it.
Enforcement of rulings and its meaning and etiquette.
Stages of considering a case in the Saudi judicial system.
Division, its ruling, and its types. The rule for what is divided by consent and the conditions for its validity. The rule for compulsory division and the conditions for ordering it, its description, and the secret behind the examples. What is required of the divider and the fee they receive. The method of division and its rulings. The lawsuit, its purpose, conditions, pillars, and the ruling on its initiation. Distinguishing between the plaintiff and the defendant, and who can file a lawsuit and deny it. Types of lawsuits, procedures for hearing lawsuits, and the required etiquette. Rulings on lawsuits against someone absent from the court session and ruling against them. Frivolous lawsuits, their forms, and rulings. Evidence, its meaning, who is required to provide it, and the evidence for that. Evidence of the "outsider" and evidence of the "insider." The reason for their names and determining which one takes precedence. Conflict of evidence.
Testimony, its meaning, its status, the wisdom behind its legitimacy, and its types. Bearing and performing testimony, their meanings, and the ruling on each with its condition. Concealing testimony and taking fees or compensation for it. Methods of knowledge and what is required for a lack of widespread knowledge as a method of knowledge, and mentioning what can be testified to by widespread knowledge and what cannot. Conditions for the validity of testimony according to what is testified to. Conditions for those whose testimony is accepted. Testimony of minors. Swearing in witnesses. Impediments to accepting testimony, and the number of witnesses. Testimony of testimony and what is required to rule based on it. The withdrawal of witnesses in cases of financial claims, retaliation, and hudud punishments, and the consequences thereof. The meaning of oath and its rulings, the wisdom behind its legitimacy, and its conditions. Rights for which an oath is taken, and rights for which it is not. Legitimate oaths in litigation and circumstances that magnify an oath, and how the defendant refuses a magnified oath. The plaintiff's evidence if presented after the defendant's oath.
Defaulting on an oath, its meaning, types, and conditions. Judgment by default, its meaning and rulings. The ruling on judgment by a witness and an oath. What can be judged by a witness and an oath. Acknowledgment, its meaning, authority, and conditions. The wording that validates an acknowledgment, the ruling on connecting an acknowledgment, and retracting an acknowledgment. Conflicting acknowledgments. The meaning of writing and its authority in proof. The meaning of a judge's letter to another judge, its conditions, and rulings. Naming a number of contemporary written documents and the ruling on using them as evidence. A brief report on judicial scribing in the Kingdom. The meaning and ruling of presumptions and judgments based on them, and their rulings. Contemporary presumptions and their evidentiary value.
1- The course professor develops an implementation plan for the course at the beginning of each semester, which is approved by the department head. This plan includes the practical and skill-based areas that will be offered to the student, and suggests external or internal guests who will participate in presenting some of the course topics.
The course is conducted in the college's moot court room.
3 - A group of specialists in journals related to the course are hosted and what they present to the students is made part of the course.
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