دور الاستدلال المنطقي في بناء الحكم المدني (دراسة مقارنة)

The role of logical inference in drafting Civil judgment

The topic of the role of logical reasoning in the construction of civil judgments is considered one of the most important topics because it represents a logical process in the hands of the civil judge. The aim is to reach a fair judgment in the lawsuit brought before them and embody it in the ruling. One of the reasons that led us to choose this topic is that without logical reasoning, legal resolution would be difficult, leading to negative repercussions on the judicial process in issuing civil judgments. Logical reasoning is considered the most important intellectual, scientific, and logical process that the judge resorts to when constructing a judicial judgment. One of the most important questions raised in the article is how a judge can build a civil judgment through logical reasoning. This is because logical reasoning is a mental process that involves objective conviction in building a judgment in terms of the element of law. If there is a legal text, the judge uses verbal inference to build the judgment. In the absence of a legal text, the judge uses non-verbal inference based on the sources of custom, Islamic law, and the principles of justice. The judge follows logical steps to ensure that the judgment has great legal value and is a judgment that includes logical inferences and a coherent and accurate structure. The process of matching the facts presented to the judge with the presumption of the legal rule according to the methods of logical reasoning represents objective conviction. Therefore, it is an effective means that helps the judge to quickly resolve civil cases, expedite their procedures, and avoid obstacles. The highest goal of procedural legislation is for the judge to reach the truth in his judgment. The judge should rely on the methods of logical reasoning in building his judgment, including induction, deduction, measurement, representation, and dialectical reasoning, according to the facts of the civil case. The judge relies on induction to understand the facts and evidence. The judge relies on induction to understand the facts and evidence. He then uses deduction to draw the conclusion that he believes in. Then, he uses the rules of measurement to apply the legal texts to the facts that have been established for him. As for dialectical reasoning, it does not provide a final conviction of the evidence presented to the civil judge. Rather, it presents a hypothesis that is subject to proof of the opposite in light of what induction and deduction will result in after that. It also gives the appropriate legal qualification in concluding, in addition to the logical unity between the premises and the results that he reached in the scope of the research. To conclude the case with a sound judicial ruling that agrees with what reason and logic dictate, and is immune from cassation by the courts. Given the importance of the principle of logical reasoning, as it works to establish justice to the extent possible in judicial judgments, there is a need to study the possibility of incorporating methods of logical reasoning within the curricula of specialized studies for judges and public prosecutors, given its utmost significance in the matter of constructing civil judgments.