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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    The National Approach clarifies the constitutionality of the membership of Islamic jurisprudence exp

    Rocky
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    The National Approach clarifies the constitutionality of the membership of Islamic jurisprudence exp Empty The National Approach clarifies the constitutionality of the membership of Islamic jurisprudence exp

    Post by Rocky Wed 17 Mar 2021, 11:23 am

    [size=35][size=35]The National Approach clarifies the constitutionality of the membership of Islamic jurisprudence experts in the Federal Court[/size]
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    2021-03-17 | 08:48
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    Today, Wednesday, the head of the National Approach bloc, Ammar Tohme, issued a clarification on the constitutionality of the membership of Islamic jurisprudence experts in the Federal Court.


    In a statement Alsumaria News obtained a copy of, Tohme said, “We heard objections to the presence of experts in Islamic jurisprudence in the formation of the Federal Court, and the justifications of the objectors are not arrogant and clear of weakness: We explain this in the following:

    1. The text of Article 92 of the constitution is explicit in making jurisprudence experts, judges, and legal scholars In one order, presentation and participation in a single judgment, all the components of the court (jurisprudence experts, judges, legal scholars) are identical in its application to it, and the application of the provision of the constitutional article and the imposition of exceptions in its application to the components of the aforementioned court is for discretion and interpretation in exchange for a clear and meaningful text.







    2. Article Two of the Constitution stipulates (It is not permissible to enact a law that contradicts the fundamentals of Islam) and the guarantee mechanism for realizing the content of this text is done through the presence of those with subtle specialization, scientific experience and long anchors in practicing the process of jurisprudential deduction that has been stalled on specialized in-depth study and teaching for decades and in various different Basic sciences and knowledge, which are not available to other members of the court in order to be able to perform the tasks of experts in Islamic jurisprudence.
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    3. Some of them measured the position of the experts mentioned in the Evidence Law and the Law of Experts before the Judiciary with the position of Islamic jurisprudence experts measuring the difference completely. The expert referred to in those laws is closer to the witness who is documented in providing his testimony on his intuition, and the law allows the judge to return the expert’s testimony and appoint others in case he does not His conviction in the determination of his experience. Indeed, the court has to deny its need to seek the assistance of an expert in the first place, and where is this talk and how it is equated with a clear constitutional text that made jurisprudence experts in the same rank and participate in ruling in membership and composition of the Federal Court with judges, but rather the constitution stipulated them by combining the two articles of the Constitution No. 2) No. (92) made their decision the one approved in deciding on cases related to the unconstitutionality of laws because they contradict the established provisions of [You must be registered and logged in to see this link.].

    4. The opinion of the experts of basic jurisprudence focuses on challenging laws that are inconsistent with the established provisions of [You must be registered and logged in to see this link.], and it is not their job to participate in lawsuits related to the rest of the court's powers mentioned in Article 93, given that these competencies are closer to the specialization of judges while fulfilling the rest of the conditions of honesty and fairness in conduct. General, and the same provision applies to the limitation of the jurisdiction of consideration to the extent of congruence or incompatibility of legislation with the constants of the provisions of [You must be registered and logged in to see this link.] by experts of Islamic jurisprudence, as they are the people of specialization in this field.

    5. The objection that some of them pointed out is that [You must be registered and logged in to see this link.] is the religion of the state and not its system, and it is reinforced by this wrong interpretation by rejecting the presence of experts in Islamic jurisprudence in the Federal Court .. The error of this statement is clear and clear and does not need more supplies in answering it. Paying attention to the perception of the meaning of the state and the meaning of the system and knowing the percentage of the relationship between them, which is the absolute generalness of the state by analogy with the system, and accordingly, what applies to the public is absolutely applicable and applies to the private or that the system is based on the existence of the state and follows its existence, so its provisions add to it, so their forms are no longer there.


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