The initial rule of assuming the judiciary in positive states

Abstract

For many reasons, man-made laws penetrated the Muslim countries at the end of the rule of the Ottoman Empire, so most of those countries became man-made countries operating with those laws in their courts, and it is no secret that there is no conformity between Islamic law and positive law in their vocabulary, and no one claimed that. So the question arises about the primary Shari’a ruling (as opposed to the secondary Shari’a ruling) for those who want to take over the judiciary in those man-made countries, in the event that the one who takes over fulfills the Shari’a conditions for assuming the judiciary at one time, or lacks all the Shari’a conditions for taking over the judiciary, or some of them at other times. This article is a scientific research to answer the advanced question, with an examination of the hypotheses of the issue and its branches.