Special and Exceptional Courts A Comparative Study between Positive Law and the School Of Ahl Al-Bayt (Peace Be Upon Them)

Modern states have taken upon themselves the task of spreading peace in the hearts of citizens, establishing justice with equity between people and ensuring their rights and freedoms. Consequently, the judiciary has become one of its main functions along with the legislative and executive authorities, and this includes the right of the accused to a fair trial, before the natural courts is justified and which Because of its existence, a fair trial includes a set of procedures by which criminal litigation takes place within the framework of protecting personal freedoms and detracting from the human rights related to them, especially the human right to resort to public justice, and international covenants and constitutions stipulate it, and warned against the establishment of any non-judicial bodies, or special or exceptional courts, and it came in the school of Ahl al-Bayt (peace be upon them), And constitutional texts, and international covenants, that this right may not be violated. And since the School of Ahl al-Bayt (peace be upon them) did not leave any aspect of life and of the issues that were dealt with by the judiciary, because of its great impact in establishing justice among people, preserving blood, honor and rights, and spreading peace in the hearts of all people. This study revolves around the view of the Ahl al-Bayt School (peace be upon them) on special and exceptional courts and in positive laws and international covenants to ensure that the rights of the accused are preserved during his trial. This study relies on the descriptive, inductive, comparative, descriptive method, on an accurate description of the subject of the study, which enables us to know some detailed facts about its reality; In order to provide a comprehensive and accurate description of it, by extrapolating all or the majority of Sharia, legal, and regulatory references, scientific messages, relevant studies and research, local regulations, advertisements, and international charters related to the subject of the study. The study concluded that the School of Ahl al-Bayt (peace be upon them) did not know or approve of the special and exceptional courts. And that most of the systems in the world have emphasized the prohibition of special and exceptional courts and that they should be abolished from the legal system of every country, but unfortunately some Arab systems still refer to them accused in common law cases, which makes working with them contrary to all constitutions and man-made laws. Continuing to work in these courts and referring civilians to them for trial, especially in common law cases, may create for us generations that are anti-security, and may create for us blasphemous groups hateful of the state and society that seize the opportunity to pour out their anger in retaliation for their society.