An original analytical study in the light of Islamic jurisprudence

Abstract

This research tackles the independence of the judiciary in the Chadian Code of Procedure in terms of studying, analyzing and rooting legal legislation in the light of Islamic jurisprudence, where this research discussed an original principle in law, which is the limitation of judicial work in the judicial authority without allowing interference by the executive and legislative authority. In this context, the Chadian Code of Procedure highlighted the independence of the judiciary, and its origin in the light of Islamic jurisprudence.

The present study followed the descriptive approach based on extrapolating Chadian legislation related to the independence of the judiciary, as well as the analytical approach by analyzing these legislations in the light of the provisions of Islamic jurisprudence.

 It concluded that Chadian legislation had taken care to consolidate the principle of judicial independence through various texts, followed by a number of states that sought to separate the judiciary from other authorities. It recommended that the State of Chad strengthen the independence of the judiciary through a chapter in which the mechanisms for the independence of the judiciary are defined in an uninterpretable manner, and that it avoid international interference in the judiciary by giving them the right to renounce the violation of Chadian legislation with international laws.