What is Judicial System of Islam? When and how the judicial system
of Islam developed? Explain the relation between judiciary and Islam? CSS
Islamic Studies, Islam History and Culture notes.
By nature man is a social being. He cannot live perpetually on his own, completely
independent of others. Conflicts between them inevitably breakout. To prevent
oppression of one by another and to determine right from wrong becomes necessary.
Only a judge has the power to give legal verdicts in case of conflict. For this
reason, Allah Almighty made necessary the existence of judge in all religious.
Allah says:
“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 --- the religion that God
wants for mankind from the time that he sent Muhammad (PBUH – the last prophet)
until the day of judgement --- shows great concern for the judicial system and
to carry out its responsibilities. It frees people from worshipping creation
and brings them to worship of Allah Almighty. It is the religion that bring
them to the highest degree of justice and freedom.
Beloved Prophet PBUH was the
greatest of judges. He used to act in the capacity of a judge in the city of Madina.
He used to appoint people to be judges in other cities. Hazrat Muaz bin Jabal
was sent to Yemen as a governor and a judge to handle the administration as a governor
and to settle the dispute as a judge.
In the era of Rightly guided Caliphs,
the head of state continued to appoint judges, govern their affairs, protect
their independence, and keep the government and political appointees --- and
even the Caliphs --- subject to the judges’ verdicts. Umar bin Khattab the
second Caliph, was the first person to make judges an independent entity,
distinct from the Caliph and the Governors.
In this way, the judicial system of
Islam continued to evolve throughout the early Islamic era, during the Umayyad
era, and well into the Abbasid era. The office of Chief Justice came into being
at this time. The Chief Justice became responsible for appointing and removing
judges. He was responsible for supervising their behavior and monitoring their
performance. The first CJ (Chief Justice) was justice Abu Yusuf, the student of
the great jurist Abu Hanifa (Allah be pleased with him). Thereafter, this
office became widespread throughout the Muslim lands. It continued to exist up
to the fall of the Ottoman Empire.
According to Holy Quran, all of the
Messengers of Allah Almighty acted as judges. As Almighty says to Belove
Prophet PBUH: “……. And if you judge (O Muhammad PBUH), judge between them with
justice. Verily, God loves those who act justly.” (Quran: 5:42)
Beloved PBUH said: “If a judge gives
a judgement using his best judgement and is correct, then he receives a double
reward (from Allah Almighty). If he uses his best judgement but makes a
mistake, then he receives a single reward.” (Masnad e Imam Ahmad Bin Hanbal)
Ibn e Qudama says: “The Muslims are
unanimously agreed that a judicial system must be established for the people.”
The jurists are agreed that the duties
of the judge are an obligation that must be carried out by society. If some
members of society carry out this duty, it is sufficient for everyone.
“O! you who believe! Stand out
firmly for justice….” (Quran 4: 135)
Imam Ahmad bin Hanbal (Allah be
pleased with him) said: “People have to have judicial authority or their rights
will be disappeared.”
The duties of judiciary include enjoying 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 necessary for the prosperity and development of the nations.
What is Judicial System of Islam?
What is Judiciary in Islam?
What is Islamic Judicial Law?
When the Independent of Judiciary of Islam started?
Islamic History and Culture
Islamic Studies
Muslim Law and Jurisprudence
International Law
Constitutional Law
CSS/PMS Notes and download free lecture of Islamic Studies.