Judge's Instructing to the Litigants and Witnesses An Applied Doctrinal Study On Judicial Decisions of Saudi Courts

Abstract

Praise be to Allah and prayers and peace be upon our Prophet, Muhammad, his family and all of his companions,

Judge's instructing to the litigants and witnesses is a significant issue  related to the etiquette of the judge, and that since the judge will not know  the reality of the case to make clear to him the ruling unless he says certain expressions or asks questions to litigants or witnesses,  however, the judge's instructing these careful and certain expressions is deemed an evidence for the litigant or dictation for the witness, so the jurisconsults have addressed this issue with explanation and clarification. Therefore, this study addresses explaining what is meant by judge's instructing to the litigants and witnesses with clarifying the forms of issue and the ruling on each of them.

The adopted approach in the research and study is the inductive approach for collecting the scientific materials and then the deductive approach for selecting the appropriate sayings and evidences and the related discussion, objections and balancing and weighing between such sayings. The research addresses the practical application of judicial decisions in Saudi courts