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    Judicial System & Qualifications of Qazi

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    Haseeb Ijaz
    The document discusses the judicial system and qualifications of a qazi (Islamic judge) in an Islamic state. It notes there are three main types of courts: Mazalim courts which deal with appellate cases, the Court of the Qazi which enforces Islamic criminal and civil law, and the Court of the Muhtasib which enforces public morality. A qazi must be Muslim, sane, and knowledgeable in Islamic law, and display virtuous character and impartiality. The qazi acts independently but can be appointed and removed by political authorities.

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    Judicial System & Qualifications of Qazi

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    Haseeb Ijaz
    215 views4 pages
    The document discusses the judicial system and qualifications of a qazi (Islamic judge) in an Islamic state. It notes there are three main types of courts: Mazalim courts which deal with appellate cases, the Court of the Qazi which enforces Islamic criminal and civil law, and the Court of the Muhtasib which enforces public morality. A qazi must be Muslim, sane, and knowledgeable in Islamic law, and display virtuous character and impartiality. The qazi acts independently but can be appointed and removed by political authorities.

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    The document discusses the judicial system and qualifications of a qazi (Islamic judge) in an Islamic state. It notes there are three main types of courts: Mazalim courts which deal with appellate cases, the Court of the Qazi which enforces Islamic criminal and civil law, and the Court of the Muhtasib which enforces public morality. A qazi must be Muslim, sane, and knowledgeable in Islamic law, and display virtuous character and impartiality. The qazi acts independently but can be appointed and removed by political authorities.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    215 views4 pages

    Judicial System & Qualifications of Qazi

    Uploaded by

    Haseeb Ijaz
    The document discusses the judicial system and qualifications of a qazi (Islamic judge) in an Islamic state. It notes there are three main types of courts: Mazalim courts which deal with appellate cases, the Court of the Qazi which enforces Islamic criminal and civil law, and the Court of the Muhtasib which enforces public morality. A qazi must be Muslim, sane, and knowledgeable in Islamic law, and display virtuous character and impartiality. The qazi acts independently but can be appointed and removed by political authorities.

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    of 4

    1

    Notes Praperd by: Hafiz Ali Hassan Fridi

    Judicial system and Qualifications of a Qazi


    Past papers:
    Q. What is judicial system of an Islamic state? Discuss qualification for a qazi
    in Islamic law? (2004/S, 2006/A)
    Q. What are the qualifications of a qazi in an Islamic state? Discuss. (1994,
    1996, 1997)
    Q. Discuss the judicial system of an Islamic state. (1997, 2005/S)
    1. Introduction
    Justice is the foundation of states. The importance of the judiciary in
    political construction is very prominent. It performs certain functions which
    are so very necessary for the life and happiness of the citizens. In Islamic law,
    administration of justice is called siyasha or shariyah. It deals with the
    enforcement of law as well as policies in an Islamic state.
    2. Judicial system in an Islamic state
    There are three categories of institutions through which the siyasha or
    shariyah of the Islamic state is implemented,
    (i) Mazalim courts
    (ii) Court of the Qazi
    (iii) Court of the Muhtasib
    (I) Mazalim courts
    This is the highest category of courts. They deal with appellate matters as
    well as with those that are beyond the jurisdiction of the Qazi. All rights of
    state are adjudicated by these courts and these courts are not bound by the
    strict requirements of procedure and qualifications of witnesses etc.
    (II) Court of the qazi
    The qazi deals with Hudud, Qisas and Tazir where the requirements
    provided in the Shariah about witnesses and procedure are strictly followed.
    The qazi also deals with civil matters like contract, torts and also the personal
    law. He deals with the rights of Allah as well as the rights of the individual.
    (III) Court of the Muhtasib
    The Muhtasib courts are responsible for the enforcement of the general
    morality and the policies of the state in accordance with the Islamic norms.
    3. Important features of Islamic judicial system
    The Holy Prophet (Peace be Upon Him) was the first Qazi. When Islam
    established its state in Madinah, he performed the functions of a judge in
    2
    Notes Praperd by: Hafiz Ali Hassan Fridi

    accordance with the Allah’s laws. It was one of his duties to settle the disputes
    of the people.
    Quran says:
    Allah commanded, that judge justly if you judge between mankind.” (Al-
    Nisa: 56)
    Following are some important features of Islamic judicial system.
    (I) Supremacy of law
    Supremacy of law is the fundamental principle of Islamic judicial system.
    The Holy Prophet (Peace be Upon Him) established the example that even
    the head of the state could be sued in his private as well as public capacity.
    The principle that king can do no wrong” is alien to the Islamic concept of
    justice.
    (i) Direction of Hazrat Umar (R. A)
    Following directions have been issued by the second caliph of the Muslims
    Hazrat Umar, when he appeared before Qazi Zaid bin Sabit To all qazis.
    (a) To treat all the persons equally in law.
    (b) Not to distinguish between relatives and others.
    (c) To abstain from taking bribe.
    (II) Independence of judiciary
    It is the independence and impartiality of the judiciary which guarantees
    the peace of the state and satisfaction is totally independent and impartial.
    (i) Separation on Judiciary from executive
    In the time of Holy Prophet (Peace be Upon Him) the office of executive
    and the judiciary vests in him but after his death. Hazrat Abu Bakr separated
    judiciary from the executive.
    4. Appointment of qazi
    Qazi is a religious judge working under the guidance of Shariah. As far as
    his appointment is concerned, Quran has not laid down any specific
    procedure. He may be appointed in following ways.
    (i) By the Iman, Caliph, Sultan or Governor
    (ii) A non-Muslim ruler of Governor can also appoint a Qazi.
    (I) Duration of office
    The qazi hold his office at the discretion of the sultan who may dismiss
    him on suspicion or even without suspicion.
    3
    Notes Praperd by: Hafiz Ali Hassan Fridi

    View of Abu Hanifa:


    Abu Hanifa says that a qazi should not be allowed to hold office for more
    than a year.
    5. Qualification of qazi
    Following are the qualifications of a qazi.
    (I) Competent as a witness
    A qazi must possess the qualities of a witness viz.
    (i) He must be a Muslim
    (ii) He must be free
    (iii) He must be a major
    (iv) He must be sane
    (II) Virtuous character
    According to Shafiis he must also be of virtuous character but the Hanafis
    do not consider it a necessary condition.
    (III) Mujtahid
    According to Al-Shafi, a Qazi should be a Mujtahid but the Hanafi view
    that the judgment of layman is valid. The Hanafi hold that the function of qazi
    must be a Mujtahid.
    (IV) Well versed in Islamic law
    A qazi must be well-versed in Islamic law.
    (V) Personal attributes
    A qazi should have following personal attributes.
    (i) He must not be short-tempered
    (ii) He must not mixed freely with the people
    (iii) He must have power of decision
    (iv) He must have strong faith in Allah.
    (VI) Juristic qualities
    (i) A qazi must know the norms of justice
    (ii) He must have the ability to maintain equity
    (iii) He must be impartial
    (iv) He must decide cases on the basis of evidence
    (v) He must give his decision in detail
    (vi) There should be no ambiguities in the decision
    (vii) He must act gracefully
    4
    Notes Praperd by: Hafiz Ali Hassan Fridi

    6. Status of woman as qazi


    According to Hanafis a woman may be a qazi, if she possesses the prescribe
    qualifications, but she is not competent to pass orders of Hadd or retaliation
    as in these matters her evidence is not admissible.
    7. Powers and jurisdiction of qazi
    A qazi may be appointed for a limited time or with jurisdiction over a
    particular area. Similarly a particular class of cases may be excluded from his
    jurisdiction or he may be empowered to try only particular classes of cases.
    (I) Power to appoint deputy qazi
    A qazi may appoint a deputy qazi if he is empowered to do so by the Sultan,
    and he can also dismiss him.
    8. Quasi judicial-duties of a qazi
    Following are the quasi-judicial duties of a qazi.
    (i) He must look after and protect the waqf property.
    (ii) He is the custodian of the property and person of the minors, Lunatics,
    idiots and missing persons.
    (iii) He has the power to appoint an administrator of the deceased.
    (iv) He must appoint ideal person for his assistance.
    9. Removal of qazi
    A qazi may be removed from his office on the following grounds.
    (i) If he became insane.
    (ii) If he gives decision against the law.
    (iii) If he involves in corruption.
    10. Conclusion
    To conclude, we can say, that it is a general rule that when we know how
    a state dispenses justice, we know with some exactness the moral character
    to which it can pretend. In Islamic state justice and dispensation of justice is
    given a very high place, both state as well as individual level.

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