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Principles of Distinguishing Between Sharia Judicial and Legal Terminology, and the Rules for Handling Them

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Maher Mohammed Al-Qurashi

Assistant Professor in the Department of Judicial Studies at the College of Judicial Studies and Systems at Umm Al-Qura University, Saudi Arabia.

Issue: 101 | Pages: 20-35| June 2025 | https://doi.org/10.54940/si91466986 | PDF

Received:10/01/2024| Revised:18/03/2024 | Accepted:26/03/2024

Corresponding Author: mmoqurashi@uqu.edu.sa

Abstract

Research topic: Explaining foundations of differentiation between Sharia judicial terminology and legal terminology, clarifying the areas of agreement and difference between them, and the rules for dealing with it. The problem of the study lies in: the scarcity of studies foundations of differentiation Sharia judicial terminology and legal terminology; Which led to weak distinction between them. Therefore, the main question is: What is foundations of differentiation between Sharia judicial terminology and legal interests? The study aims to: clarify the basis of the division between Sharia judicial terms and legal terms, provide some illustrative examples of the sections of these terms, and clarify the general rule for dealing with each section. The method followed: the descriptive and analytical method. The most important results: The first section: Sharia judicial terms that have their equivalents in the law. The second section: Sharia judicial terms that have no equivalent in law. Section Three: Legal terms that have no equivalent in Sharia judicial. Section Four: Terms in the Sharia judiciary and the law that have the same pronunciation but different meanings. Section Five: Terms in the Sharia judiciary and the law that agree in wording and meaning. The most important recommendations: First: Sharia and legal qualification for students of judicial studies, regulations and law; To enable them to compare Sharia judicial terminology and legal terminology. Second: Directing graduate students in judicial studies, regulations, and law to address each category of comparisons between legal judicial terminology and legal terminology in a single study.

Keywords

Terminology, Judiciary, Law, Differences, Comparison.

How to Cite

Al-Qurashi, M. (2025), The difference between Sharia judicial terminology and legal terminology and the rules for dealing with it, Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, Issue 101. pp.20-35. https://doi.org/10.54940/si91466986

License

1658-8738/© 2025 by the Authors. Published by J. Umm Al-Qura Univ. Shariah. Sci. Islamic Stud. This is an open-access article distributed under the terms and conditions of the https://creativecommons.org/licenses/by-nc/4.0/

Last Modified Date: 2026/09/03 - 11:26 AM Saudi Arabia Time