COMPARISON BETWEEN REGULAR AND MILITARY COURTS IN POSITIVE LAW AND ISLAMIC JURISPRUDENCE

Abstract

The comparison between ordinary and military courts in positive law and Islamic jurisprudence. It was one of the topics that constitute the tool for the eradication of crimes. That may lead to widespread chaos and injustice in society. Therefore, we find that human societies and the divine and non-heavenly laws alike, was keen to find rules that establish the realization of fair courts.It was one of the most important pillars that do not exist without it. It was to find judges to judge justly among people, The courts were whether ordinary or military, one of the most important formations of the just judiciary. Therefore, we find that the Judicial Organization Law has indicated its composition, and provide adequate protection for its members and define its specializations and penalties it issues, while determining the structure of the military courts, their powers and members. It was in accordance with the military penal laws, find when comparing the ordinary and military courts in positive law, these courts are directed at a number of criticisms in terms of formation, jurisdiction, penalties issued by them, and even naming. Therefore, we touched upon this important topic, asking the legislator to pay attention to these mistakes and take them into consideration. As for reference to the position of Islamic jurisprudence on the regular and military courts, find in the beginning of the emergence of Islam was the judiciary, depends primarily on the legal judiciary, until the Muslim armies were established. It was necessary for the emergence of the Islamic military army, and with him appeared crimes and punishments. That may be committed by the military themselves, including the military courts appeared and we will explain in this research the details of these courts in Islamic jurisprudence.