Basic principles of judicial procedure in hadiths

Throughout history, every society has needed rules of law in order to survive and live together in peace. As a social being, there is always the possibility that some disputes may arise in the relations of human beings with other people. The determination of the rules of law is of great importance in terms of distinguishing the right from the wrong and preventing the oppression that may arise between people. The principles observed while determining these legal rules are the only measures that will ensure order and peace in society. In this respect, the determination of the basic principles of the judicial procedure will have an important place in ensuring justice not only in the Islamic society but also in all societies. Information about the basic principles of judicial procedure in Islamic society is firstly found in the Qur'an and then in the hadiths. In various fields such as Islamic Law, Law, History, many studies have been conducted on the issues that judges pay attention to in their judgements and information about the procedure of judgement. However, there are very few studies on these issues in the field of hadith. The studies that have been carried out are mostly dealt with on the axis of judgement issues, not on the basis of hadiths. Therefore, conducting such a study in the field of hadith both reveals the effect of hadiths on the procedure of judgement and contributes to a better understanding of the hadiths related to the subject. The study consists of an introduction and three chapters. The aim of the study, its importance, related researches and methodology are given in the introduction. The first chapter contains general information about the judicial procedure. In the second chapter, the hadiths related to the characteristics of judges are evaluated. In the third part, the hadiths related to the basic principles of judicial procedure are analysed under the titles of justice, oath, testimony and settlement. The hadiths have been evaluated in terms of sened and text and compared with modern law to the extent that these hadiths allow, and it has been tried to determine whether the purposes and principles observed by the hadiths coincide with the principles and purposes in the modern legal system. While evaluating the hadith texts, commentaries, lexicography, tafsir and law books were also utilised. Since these hadiths are included in the 'Kitāb al-Aqdiyyah' section of Abū Dāwūd's Sunan, the hadiths in this section are generally taken as a basis, and additions are made from other hadith sources where necessary.