Document Details
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Document Type |
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Thesis |
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Document Title |
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Documentation in Saudi Justice Systems التوثيق في الأنظمة العدلية السعودية |
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Subject |
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Faculty of Arts and Humanities |
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Document Language |
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Arabic |
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Abstract |
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The study collects, investigates, analyzes, and links the regulatory texts related to documentation in the Saudi justice systems to answer its main question: What are the regulatory texts related to documentation in the Saudi justice systems? What are their provisions? What is their role in establishing and updating the current documentation system to achieve the desired development?
Objectives
The study aims to highlight the importance of documentation in the Islamic Fiqh (jurisprudence) and the Saudi system, illustrate its substantive and procedural provisions, define the nature of documentation in the texts of the systems, identify the documentation procedures in the Saudi (diplomatic) representations abroad, and conclude the results through the applied study.
Significance
The significance of the study is shown in illustrating the provisions of Islamic fiqh and Saudi justice systems concerning documentation, highlighting the regulatory texts of documentation in the system compared to Islamic fiqh, and contributing to establishing and updating the current documentation system by collecting, analyzing, and adjusting relevant texts in the Saudi justice systems.
Methodology
The study adopts the comparative analytical descriptive method. It comprises an introduction, six chapters, and a conclusion. Chapter One tackles the identity of documentation in the Islamic Fiqh and Saudi system. Chapter Two reviews the substantive and procedural provisions of documentation. Chapter Three handles documentation in the relevant justice systems, while Chapter Four reviews documentation in the relevant documentation regulations. Chapter Five discusses documentation in the relevant penal, real estate, and commercial systems. Chapter Six explores the judicial applications of documentation writings.
Results
i. Documentation is a part of the jurisdiction derived from the general mandate.
ii. Islamic documentation appeared a year after Hijra.
iii. The oldest documentation in Islam related to (buying a female slave to Aladaa Ibn Khaled Ibn Houda).
iv. Documentation has many other names, such as the science of conditions, document, instrument, and argument.
v. Imam Abu Hanifah an-Nu'man (may Allah be pleased with him) was the first to write documentation entitled (the science of conditions).
vi. Islam, as well as the Saudi system, has paid special attention to maintaining money and rights through documentation.
vii. Documentation and its writing are a legal argument stated by the Fuqaha' (scholars) of Shariaa in their books and adopted by the system that considered its provision a strong piece of evidence.
viii. It is allowed to receive fare for writing documentation in terms of legislation and system.
ix. The officials of justice documentation in Saudi Arabia are judges, notaries, authorized notaries, marriage registrars, and Saudi consuls abroad.
x. The captain of the ship has the right to document on board and between passengers.
xi. Authorized notaries are flexible in terms of time and place.
xii. Authorized notaries have some competencies of notaries and more competencies that are not provided for notaries.
xiii. Documentation is important in regulating the conduct of transactions.
xiv. The system of companies requires documenting or amending the companies' articles of association. Otherwise, it turns null.
xv. The documentation-related transactions have developed electronically. Their provision is similar to the written documents by the force of law.
xvi. Written documentation is more accurate than electronic documentation.
Recommendations
The study recommends
i. The importance of expanding the competencies and tasks of notaries.
ii. Listing the documentation-related texts in Saudi systems and adding them to the current system of documentation along with its updating and rephrasing.
iii. Providing the electronic programs related to the documentation services with the same authorities provided to notaries.
iv. Developing the tasks and authorities of marriage registrars and providing them with broader authorities in terms of documentation.
v. Modifying the fees of documentation in the regulation to fit the offered service.
vi. Holding conferences and seminars to illustrate the importance of substantiating rights through documentation.
vii. Establishing university specialization on documentation and its procedures.
viii. Adopting a book that dates the establishment, provisions, facilities, rules, and resolutions of documentation in Saudi Arabia by the Ministry of Justice. |
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Supervisor |
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Prof. Lutfi Ibn Amer Alnafty |
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Thesis Type |
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Doctorate Thesis |
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Publishing Year |
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1443 AH
2022 AD |
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Added Date |
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Saturday, January 28, 2023 |
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Researchers
| مهند حمد الشعيبي | Al-shoaibi, Muhannad Hamad | Researcher | Doctorate | |
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