سلطة القاضي الجنائي في تقدير الأدلة القولية في الفقه الإسلامي و القانون الجنائي الجزائري

Abstract

"The authority of the criminal judge to assess anecdotal evidence in Islamic jurisprudence and Algerian law", a study in which I tackled the authority entrusted to the judge to assess both testimony and confession according to what was listed by Islamic jurisprudents and what the Algerian legislator went to in the Code of Criminal Procedure. I first defined the estimative authority, its legality, and its most important principle which is the personal conviction of the criminal judge, then i mentioned linguistic definition and jurist's of the four schools definitions besides explainer's of positive law definitions of testimony and confession. I tackled the conditions of testimony and confession in law and Shariaa in details. Finally, i shed light on the judge's assessment of these anecdotal evidences comparing how compatible and contrasting are these legislations in deciding such issues.