Judicial system of Islam

Introduction

‘’We have sent Messengers with clear proofs, and sent down with them the
Scripture and the Balance that mankind can establish justice…”

(Quran 57:25)

Islam sets down broad guidelines and basic principles concerning

the affairs of life.  One of these guidelines is that establishing
justice among people is an obligation that has to be carried
out.jsutice through out Islam occupies status of corner stone.
Islam as complete code of life stresses great importance on
provision of impartial and cheap justice through an efficient and
honest judicial system. The judicial system aiming at creating
human happiness prosperity and protection of human rights and
has strong restrain tyarrany and oppression. The system is based
on devine law enuuciated in Quran and implemented through
Prophet PBUH and righlly guided caliphs. The beauty of this
system is that every one is equal ebofre law. Mean rule of law is
defining principle of th susytem  

Defining the Judicial System and its Legal basis:

The judicial system in Islam is a system for deciding between people in

litigation with the aim of settling their disputes in accordance with the
injunctions of the Divine Law, injunctions that are taken from the Quran
and Sunnah.

Why judicial System

A judicial system is a necessity for the prosperity and development of nations:

 It is needed to secure human happiness,

 Protect the rights of the oppressed, and restrain the oppressor.

 It is the way to resolve disputes and ensure human rights.

 It facilitates enjoining what is right, forbidding what is wrong, and curbing

immoral behaviour.

A way for a just social order to be enjoyed by all sectors of society, and every
individual can feel secure in his life, property, honour, and liberty

Quranic Significance of Justice

Justice is a central theme in the Qur’an, dictating the traditions of law and how
they should be put into practice. There are two ways in which justice operates:

‘’Allah Commands justice, the doing of

good and liberty through thick and thin
and He forbids shameful deeds ,
injustice and rebellion’’
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Sources of Justice

The
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God is only authority-
Permanence
No personal immunity
Accountability
No conjunction
 Rule of Law:

Prophet Said

From Umar’s reign

Punished his son Abdullah
‘’Had there been Fatima daughter of Muhammad, I would
have cut of her hand’’

Appeared in court as an ordinary

distinguishing
Comprehensive in nature
features of Islamic law

Unlike other legislations, Islamic law is comprehensive. It takes into consideration all the
small and large aspects of man’s life and put them in a set of clear and constant rules,
principles, and theories. Islamic law does not neglect any of man’s actions, whatever their
significance, without giving explicit evidence from the Qur`an and Prophetic traditions or
giving clear indications alerting him to the permissibility or prohibition of acts.
God the Almighty says, “We have sent down to thee the Book explaining all things” [16, 89].
Immutability and stability
A further distinguishing feature of Islamic law is its immutability and stability.
This is of utmost importance for the dispensation of justice not only on the individual and
group levels but also on the temporal and spatial levels.
The texts of Islamic law do not accept time-induced changes or alterations while its
flexibility admits ijtihad and renewal with respect to its comprehension and interpretation,
thereby preserving its validity for every age and place.
Flexibility, capaciousness, and consideration of the realities and conditions of the time
One of the characteristics of the principles of Islamic legislation, are its flexibility,
capaciousness and consideration of the realities and conditions of the time. Islamic law
therefore tackles unprecedented matters and problems in a just and definitive manner. The
scholars of Islam recognized this dichotomous balance of flexibility and realism, and so did
not cease in their ijtihad to understand the developments and changes that occur in
people’s livelihoods, morals, and sciences. Muslim scholars gave judges and rulers
authority in matters of governance (siyasa shar’iyyah) and the affairs of their subjects to].
After the Prophet’s death, Muslims chose Abu Bakr As-Siddiq as their caliph and ruler. In
his inaugural speech he said, “O people! I have been put in authority over you though I am
not the best of you. So help me if I do right and correct me if I do wrong. Obey me as long
as I obey God and His Messenger. But if I do not obey God and His Messenger, I have no
right to your obedience.”
No personal fever :
In Islamic law, it is not permissible for a government or ruler to favor a particular group at
the expense of another. It must dispense justice to all; this is the task of those in authority
and this is their duty established by the principles of governance. A ruler must administer
justice without partiality or favoritism because it is the core requisite for administrating the
earth and pillar governance. It is only through justice that chaos and disturbances can be
checked in a society to propagate security, tranquility, and order. The Prophet (peace and
blessings be upon him) is reported to have said, “A person whose plea in favor of another
precludes one of the penalties of God, opposes God and whoever knowingly argues in favor
of an injustice will remain under God’s wrath until he desists [Abu Dawud].
Deference to the law is a duty upon subjects; God says, “O ye who believe! Obey Allah,
and.
Above conflict of interest
It is not permissible for a ruler to circumvent or dismiss a law if it conflicts with an interest of
his or his caprice. The interests of the people and their desires are often in conflict and a
ruler’s task is to achieve the greatest benefit to the greatest number of people and prevent
the greatest harms from reaching the greatest number of people. This is justice and these
are the laws and legislations which Islam enjoins upon the people.

Significance
The duties of the judiciary include enjoining what is right, helping the oppressed, securing people’s
rights, and keeping oppressive behavior in check. None of these duties can be performed without the
appointment of a judiciary. A judicial system is a necessity for the prosperity and development of
nations. It is needed to secure human happiness, protect the rights of the oppressed, and restrain the
oppressor. It is the way to resolve disputes and ensure human rights. It facilitates enjoining what is right,
forbidding what is wrong, and curbing immoral behavior. In this way, a just social order can be enjoyed
by all sectors of society, and every individual can feel secure in his life, property, honor, and liberty. In
this environment, nations can progress, civilization can be achieved, and people are free to pursue what
will better them both spiritually and materially

The jurists have given us a number of qualifications that a judge should meet so that he will be able to
properly perform his duties. They are:

1. Maturity: A minor cannot be appointed as a judge. If he is appointed, then his decisions

will not be bindingA judge needs not only to have a sound mind and body, he needs to be deeply
insightful and have opinions of high quality.

2. Sanity: It is not permissible for an insane or mentally challenged individual to hold the
position of judge. Likewise, a person whose judgment is impaired on account of old age or sickness
should not act as a judge.

3. Freedom: A judge must enjoy complete freedom. He should not be a slave at all, not even a
slave in the process of buying his freedom or a runaway slave. If such a person is appointed to a judicial
post, his decisions will not be binding.

6. Upright character: Most jurists recognize this qualification as a condition for every
position of binding, legal authority. This means that a judge must perform all the obligatory religious
duties, be honest, have apparent integrity, be free from sinful and licentious behavior, keep away from
dubious activities, conform to social norms, and be a model of good behavior in his religious and worldly
affairs. It is not permissible to appoint an immoral person to a judicial post, because being a judge is one
of the greatest trusts that a person can be given.

7. The capacity for independent juristic reasoning : A judge should be

capable of deriving the Law from its sources. He must have sufficient knowledge of the Quran and
Sunnah to know where to find both general and specific legislations.

Conclusion
The Islamic-legal justice system is invigorated in securing human
rights, and on violation of those rights, punishment imposes. Islamic
criminal law is bonded with the Quran, Hadith, Ijma, and Qiyas.
Islamic injunctions strengthen the rights of Muslims, as well as non-
Muslims such as; rights of minorities, living rights, liberty, freedom of
thought and speech. Islamic criminal justice system (ICJS) has a well-
organized lawful structure and in advance world,