تاصيل حجيه الامر المقضي به في الفقه الاسلامي

Rooting the Authority of The Decreed Order in Islamic Jurisprudence

Courts in their worldly laws have adopted the principle of what is known as decisive judgments or authenticity of final sentence in an attempt to establish and stabilize the judicial judgments. However, the Islamic Fiqh took the lead by adopting such a principle centuries ago where Khalifa Omar bin Al-Khattab (RA) is considered to be the first founder of this principle. This research attempts to authenticate the principle of final sentence in Islamic Fiqh and present the sayings and explanations of Muslim scholars relating to this principle on the basis of discretion is not revoked by discretion. It will also show that the decisive judgment is considered as an evidence of the right and accepts no appeal. Nevertheless, the change of discretion by the judge or the change of laws is limited to future cases and not made into retroactive laws because the revocation of past decisions would affect the stability of judiciary systems and judgments.