(Juddicial Expertise Between Islamic Sharia And Algerian Legislation)

Abstract

This study aims to show the importance of judicial expertise in proof, and to determine its role in proof in
criminal and civil matters, as a comparative study between Islamic Sharia and law, considering it
among the most important tools of evidencing In civil and criminal lawsuits in this era, given its
importance, and the effective and large role played by this method in settling disputes in civil matters and
proving crimes and revealing the perpetrators of them in criminal matters.
Through this study, we concluded that the expertise in Islamic law derives its basis from the Qur’an, Sunnah
and consensus, but it did not specify the rules for resorting to it and mechanisms showing the necessary
procedures to be followed, leaving this to the case judge, while the laws tried as possible to establish Rules
governing expertise.