SEEKING THE POSITION OF JUDICIARY: A COMPARATIVE ANALYSIS OF SEEKING JUDICIAL APPOINTMENTS IN ISLAMIC LAW
This research aims to elucidate the ruling on assuming a judicial position in Islamic law using a comparative approach, with a specific focus on the opinions of Al-Baqqini. The nature of the study necessitated the use of the inductive method, which involves collecting and examining scientific material from its original sources, as well as the analytical method, which involves analyzing legal texts from the Quran and Sunnah to clarify their implications. Additionally, the comparative method is employed to present various jurisprudential opinions on contentious issues, attributing them to their respective proponents, providing evidence, and detailing discussions between different viewpoints. The study concludes that Al-Baqqini made multiple choices in his book on judiciary from his work "Al-Tadrib," deviating from his own school of thought. Among his choices regarding the judiciary is the obligation of seeking and accepting judicial appointments outside the region where the judge resides if there are qualified individuals for the position. The research asserts that judiciary is sanctioned in Islamic legislation based on evidence from the Quran, Sunnah, and consensus, aiming to resolve disputes, adjudicate people's cases to prevent harm, and uphold their interests.
Judiciary, Comparison, Study, Assuming, Position.