Methodology of judgement accordi̇ng to Ibn Qayyim Al-Jawziyya (in the context of et-turuq-hukmiyyah)

In this thesis we have tried to put forth Ibn Qayyims methodology of arbitration. In the first part of our thesis we have explained Ibn Qayyims life, scholary identity, the environment in which he grew in and his works. In the second part we gave general information regarding a qadi (muslim judge), the qualifications required of a qadi, the various types of litigation and the necassary conditons required for it. Alongside this we elucidated upon the technical and dictionary terms for qadi and litigation. Within the third part we explained what the word bayyineh is and the medium for substantiation. We tried to elaborate upon avowals, testimony, oaths, kasâmah (group testimony), liân, presumptions, lottery, individual knowledge of judges, and in detail upon mediums for substantiation. As for the forth part we touched upon topics of gathering evidence using mediums such as expert witness, discovery, inquisition techniques and criminal science. After this we gave general information regarding the evaluation of the evidence that is gathered. Within these parts which we mentioned, alongside providing Ibn Qayyims views, we also explained the views of the school of thoughts and some scholars. With this regard, we aimed at providing the opportunity for the readers to compare the different views of opinion within the topics of methodology of arbitration. In conclusion, it is apparant that Ibn Qayyim does not follow any specific school of thought and that he holds contradictory views against the consensus. At times he's in complete agreement with Hanafî, Mâlikî, Şâfiî and Hânbelî opinion and at times he opposes all of them.