Document Details

Document Type : Thesis 
Document Title :
The implementation judge's discretionary power Comparative study between Fiqh and Regulation
سلطة القاضي التقديرية في قضاء التنفيذ دراسة مقارنة بين الفقه والنظام
 
Subject : Faculty of Arts and Humanities 
Document Language : Arabic 
Abstract : The research includes an introduction, introductory inspection, three chapters, and a conclusion as followed: Introduction: It contains the problem of research, research objectives, the importance of research, previous studies, research methodology and structure of research. Introductory inspection: It includes the definition of the implementation judge and, his importance and regulations that include his provisions and organise his work. First Chapter: The discretionary powers of the implementation judge in Islamic Fiqh. It includes the historical development of the powers of the implementation judge, the position of Islamic Feqh towards them, the spatial and temporal discretionary powers of the implementation judge, and the supervisory role over the authorities of the implementation judge. Second Chapter: The discretionary powers of the implementation judge according to the Saudi implementation system. It includes Procedures and discretionary powers of the implementation judge, and the discretionary powers of the implementation judge when there is an infringement, a resistance or an attempt to disrupt implementation occurs. And the discretionary powers of the enforcement judge regarding the disclosure of funds and the discretionary power of the enforcement judge to give the respondent time to execute, the discretionary powers of the implementation judge in respect of the money seized and in the event that the respondent fails to implement or not disclose funds sufficient to satisfy the debt after being informed. The discretionary power of the implementation judge when the debtor is not satisfied with his debt and the discretionary powers of the implementation judge for the sale of the seized money. Third Chapter: Guarantees and judicial applications of the discretionary power of the discretionary judge in the Saudi implementation system. It includes guarantees that keep the implementation judge will not abuse these authorities and the judicial applications of discretionary discretion in the Saudi implementation system. Conclusion: It includes the most important results and recommendations. As well as indexes were included to Qur’anic Verses , Nobel Prophet Traditions (Hadiths) , quotes, persons, references and topics. 
Supervisor : Dr. Mazen Boukhari 
Thesis Type : Doctorate Thesis 
Publishing Year : 1440 AH
2019 AD 
Added Date : Wednesday, July 10, 2019 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
عمر عبدالعزيز آل فهيدAl-Fahaid, Omar AbdulAzizResearcherDoctorate 

Files

File NameTypeDescription
 44686.pdf pdf 

Back To Researches Page