The importance of specialized courts in preserving rights and achieving the objectives of Islamic law "Endowment cases and disputes as a model"

Abstract

This study aimed to understand the reality of how the Libyan judiciary deals with endowment disputes, their place within the Libyan judicial system, and the rules followed in dealing with their issues and topics. Endowments require a specialized Sharia judiciary to consider their disputes and cases, and the ordinary judiciary and its procedures are not suitable for them. The consideration of endowments by these courts leads to harm to their interests and affects their continuity and sustainability, due to the delay in resolving their disputes because of the length of litigation procedures and the slowness of implementation. This study adopted the descriptive and analytical method as the appropriate method for this study. The results of the study indicate that considering endowment disputes before general courts, with all its shortcomings, is not only due to the absence of a specialized Sharia judicial system, but also to the unsuitability of the legislation regulating endowments for this purpose. This increases and complicates the task of the general judiciary and increases the accumulation of cases before it. The research recommends forming specialized committees to study the laws regulating endowments and include in them what ensures the resolution of their disputes before they reach the courts. It also recommends the necessity of considering the possibility of establishing a specialized Sharia judiciary, in order to preserve rights and achieve the objectives of Sharia.