Annulment in Islamic Judiciary Decisions According to Fuqaha and Law

Abstract

The annulment of the decision is the last stage after the approval of the Shariah Court is announced. An appeal allows a different judge to review a case and overturn an earlier decision to make the right decision. Nevertheless, there are some issues that arise and need to be seen such as the extent to which Islamic law and Fuqaha can be used to support the cancellation of this decision. In fact, this study tries to discuss the concept of canceling a decision according to the views of Fuqaha in Islamic law and regulations. This investigation uses a documentary descriptive analysis method. This study concludes that the annulment of a decision has a principle in shariah law and the Jurists agree that the annulment of a decision is an important part of the review process to correct a wrong decision. The study also found that shariah courts were guided by legal standards that gave reasons to overturn cases in the past. In fact, this study is useful as a reference for shariah law practitioners who control audit cases in the context of overturning decisions in the shariah courts in Malaysia.