Judge's Questions in the Judicial Council A Jurisprudential Applied Study of Judicial Rulings in the Courts of the Kingdom of Saudi Arabia

Abstract

Praise be to God alone, and prayers and peace be upon the one after whom there is no prophet, and upon his family and companions. And now:

This research deals with an important issue that is almost always addressed in a court session, let alone a court ruling, due to the urgent need for it, based on the necessity of understanding the case in its true form, which is often only achieved through a type of questioning and inquiry from the judge to the plaintiff, asking him about what is necessary to prepare his case and about preparing the requests that the defendant is demanding. The judge also often needs to understand the defendant's arguments and their connection to the plaintiff's case, which requires investigation and inquiry, in addition to the necessity of inquiring about evidence and discussing them to distinguish between the evidence and the lack thereof. This research also aims to address the transmission of scholarly texts related to the judge's questions to those with experience and expertise, as well as his questions to scholars with ijtihad, all in light of their reports. It also addresses judicial applications issued by the courts of the Kingdom of Saudi Arabia related to the judge's questions in the judicial council. The approach followed in researching and studying this topic was an inductive approach to gather scientific material, followed by a deductive approach, selecting appropriate statements and evidence, discussing and weighing up the arguments and objections, and concluding with a balanced and weighted analysis of these statements. This study also addressed the practical application of this issue in Saudi judicial rulings. Keywords: Questions / Judge / Judicial Council