{"id":2936,"date":"2018-04-02T12:46:06","date_gmt":"2018-04-02T17:46:06","guid":{"rendered":"https:\/\/www.ask-a-muslim.com\/?p=2936"},"modified":"2018-04-02T12:52:44","modified_gmt":"2018-04-02T17:52:44","slug":"the-judicial-system-in-islam","status":"publish","type":"post","link":"https:\/\/www.ask-a-muslim.com\/en\/the-judicial-system-in-islam\/","title":{"rendered":"The Judicial System in Islam"},"content":{"rendered":"

INTRODUCTION<\/strong><\/h3>\n

Man is a social being by nature.\u00a0 He cannot live perpetually on his own, completely independent of others.\u00a0 People are interdependent.\u00a0 Consequently, friction arise between them when their personal interests come into conflict with each other, or when what they perceive as their individual rights infringe upon those of others.\u00a0 Conflicts between them inevitably break out.\u00a0 In some cases, one party to the conflict might be strong and aggressive while the other is weak and condescending, incapable of defending his rights.<\/p>\n

Because of this, it becomes necessary for there to be a way to prevent people from oppressing one another, to ensure that the weaker members of society receive justice, and to determine right from wrong when issues get complicated or uncertain.\u00a0 This can only be realized through a judge that has the power to give legal verdicts in cases of dispute.<\/p>\n

For this reason, we find that the existence of a judge is considered by Islamic law and the laws of all the other revealed religions to be both a religious obligation and a necessity of human life.\u00a0 God says:<\/p>\n

\u201cWe have sent Messengers with clear proofs, and sent down with them the Scripture and the Balance that mankind can establish justice\u2026\u201d (Quran 57:25)<\/strong><\/h4>\n

Islam \u2013 the religion that God wants for mankind from the time that He sent Muhammad, may the mercy and blessings of God be upon him until the Day of Judgment \u2013 shows great concern for the judicial system and those appointed to carry out its responsibilities.\u00a0 Islam prescribes for it many legal injunctions.\u00a0 How else could it be, when Islam is the religion of mercy, equality, and justice? \u00a0It is the religion that comes to free people from worshipping Creation and bring them to the worship of God.\u00a0 It is the religion that comes to remove people from oppression and iniquity and bring them to the highest degree of justice and freedom.<\/p>\n

God\u2019s Messenger was the greatest of judges.\u00a0 He used to act in the capacity of judge in the city of Medina, which was the first Islamic state.\u00a0 He used to appoint people to be judges in other cities.\u00a0 Among these were `Ut\u00e2b b. Asyad who was sent to Mecca, Ali b. Abu Talib and Muadh b. Jabal, both of whom were sent to Yemen.<\/p>\n

In the era of the Rightly Guided Caliphs, the head of state continued to be the one to appoint judges, govern their affairs, protect their independence, and keep the governors and political appointees \u2013 and even the Caliphs \u2013 subject to the judges\u2019 verdicts.\u00a0 Umar b. al-Khattaab, the second Caliph, was the first person to make the judge an independent entity, distinct from the Caliph and the governors.<\/p>\n

In this way, the judicial system continued to evolve throughout the early Islamic era, during the Umayyad era, and well into the Abbasid era.\u00a0 The office of Chief Justice came into being at this time.\u00a0 The Chief Justice became responsible for appointing and removing judges.\u00a0 He was responsible for supervising their behavior and monitoring their performance.\u00a0 The first person to be appointed to this post was the justice Abu Yusuf, the student of the great jurist Abu Haneefah (may God have mercy on them both).\u00a0 Thereafter, this office became widespread throughout the Muslim lands.\u00a0 It continued to exist up to the fall of the Ottoman Empire.<\/p>\n

The names of many just judges have been preserved in Islamic History.\u00a0 Their names have become like synonyms for justice and integrity.\u00a0 Many pages in the history books are devoted to the lives and careers of eminent judges like Iy\u00e2s b. Muawiyah, Shurayh b. Abdallah, al-`Izz b. `Abd al-Salam and others who applied the teachings of Islam in the best possible manner.\u00a0 They give us a living example of how a Muslim judge is supposed to conduct himself.<\/p>\n

We should mention, since we are discussing the Islamic judicial system, that Islam sets down broad guidelines and basic principles concerning the affairs of life and rarely concerns itself with the particular details of life.\u00a0 This is so these guidelines can stay relevant for every time and place.\u00a0 One of these guidelines is that establishing justice among people is an obligation that has to be carried out.\u00a0 As for the manner of achieving this objective, this has not been detailed by the sacred texts.\u00a0 This has been left for the people of each generation to deal with in a way most suited to their unique set of circumstances.\u00a0 The only condition is that whatever methods are chosen must not run contrary to Islamic Law.<\/p>\n

 <\/p>\n

\n

DEFINING THE JUDICIAL SYSTEM AND ITS LEGAL BASIS
\n<\/strong><\/h3>\n

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.<\/p>\n

All of the Messengers of God (peace be upon them) acted as judges.\u00a0 God says:<\/p>\n

\n

\u201cAnd remember David and Solomon, when they gave judgment concerning the field when people\u2019s sheep had browsed therein at night, and We were witness to their judgment.\u00a0 And We made Solomon to understand the case.\u00a0 And to each of them We gave good judgment and knowledge.\u201d (Quran 21:78-79)<\/strong><\/p>\n<\/blockquote>\n

God also says:<\/p>\n

\n

\u201cO David, verily we have placed you as a successor on Earth, so judge between people in truth, and do not follow your desires for it will mislead you from the path of God.\u00a0 Verily, those who stray from the path of God have a severe punishment because they forgot the day of reckoning.\u201d (Quran 38:26)<\/strong><\/p>\n<\/blockquote>\n

Prophet Muhammad, who came with the final and eternal Message, was ordered by God to pass judgment in disputes just as he was ordered to spread the word of God and call people to Islam.\u00a0 This is mentioned in the Quran in a number of places.\u00a0 God says, for instance:<\/p>\n

\n

\u201cSo judge (O Muhammad) between them by what God has revealed and do not follow their vain desires, but beware of them lest they turn you away from some of what God has sent down to you.\u201d (Quran 5:49)<\/strong><\/p>\n<\/blockquote>\n

God also says:<\/p>\n

\n

\u201c\u2026And if you judge (O Muhammad), judge between them with justice.\u00a0 Verily, God loves those who act justly.\u201d (Quran 5:42)<\/strong><\/p>\n<\/blockquote>\n

And He says:<\/p>\n

\n

\u201cBut no, by your Lord, they shall have no faith until they make you (O Muhammad) judge in all their disputes and find in themselves no resistance against your decisions and accept them with full submission.\u201d (Quran 4:65)<\/strong><\/p>\n<\/blockquote>\n

The Sunnah also provides for the legal basis of the Islamic judicial system.\u00a0 It is related by Amr b. al-Aas that the Prophet said:<\/p>\n

\n

\u201cIf a judge gives a judgment using his best judgment and is correct, then he receives a double reward (from God).\u00a0 If he uses his best judgment but makes a mistake, then he receives a single reward.\u201d (Ahmed<\/i>)<\/strong><\/p>\n<\/blockquote>\n

God\u2019s Messenger\u00a0 said:<\/p>\n

\n

\u201cYou should not wish to be like other people, except in two cases: a man who God has given wealth and he spends it on Truth and another who God has granted wisdom and he gives verdicts on its basis and teaches others.\u201d (Saheeh Al-Bukhari, Saheeh Muslim<\/i>)<\/strong><\/p>\n<\/blockquote>\n

Many scholars have related to us that there is consensus among Muslims on the legal status of the judicial system in Islam.\u00a0 Ibn Qudamah says:<\/p>\n

\n

\u201cThe Muslims are unanimously agreed that a judicial system must be established for the people.\u201d<\/strong><\/p>\n<\/blockquote>\n

<\/h2>\n

The Islamic Ruling Concerning the Judiciary<\/strong><\/h2>\n

The jurists agree that the duties of the judge are an obligation that must be carried out by society.\u00a0 If some members of society carry out this duty, it is sufficient for everyone.\u00a0 If, on the other hand, everyone neglects it, then everyone in society is sinful.<\/p>\n

The proof that these duties are obligatory comes from the Quran:<\/p>\n

\n

\u201cO you who believe! \u00a0Stand out firmly for justice…\u201d (Quran 4:135)<\/strong><\/p>\n<\/blockquote>\n

It is only necessary for a small number of individuals to perform judicial duties since judicial concerns come under the broad duty of enjoining what is right and forbidding what is wrong.\u00a0 It is not obligatory for every individual to carry out this duty as long as some people are doing so.<\/p>\n

The affairs of the people will not be correct and upright without a judicial system.\u00a0 It is, consequently, obligatory for one to exist, just like it is necessary to have a military.\u00a0 Imam Ahmad, one of the greatest and most well-known scholars of Islam said:<\/p>\n

\n

\u201cPeople have to have a judicial authority or their rights will disappear.\u201d<\/strong><\/p>\n<\/blockquote>\n

The duties of the judiciary include enjoining what is right, helping the oppressed, securing people\u2019s rights, and keeping oppressive behavior in check.\u00a0 None of these duties can be performed without the appointment of a judiciary.<\/p>\n

A judicial system is a necessity for the prosperity and development of nations.\u00a0 It is needed to secure human happiness, protect the rights of the oppressed, and restrain the oppressor.\u00a0 It is the way to resolve disputes and ensure human rights.\u00a0 It facilitates enjoining what is right, forbidding what is wrong, and curbing immoral behavior.\u00a0 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.\u00a0 In this environment, nations can progress, civilization can be achieved, and people are free to pursue what will better them both spiritually and materially.<\/p>\n<\/div>\n

\n

Source: https:\/\/www.islamreligion.com<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

INTRODUCTION Man is a social being by nature.\u00a0 He cannot live perpetually on his own, completely independent of others.\u00a0 People are interdependent.\u00a0 Consequently, friction arise between them when their personal interests come into conflict with each other, or when what they perceive as their individual rights infringe upon those of others.\u00a0 Conflicts between them inevitably … Read more<\/a><\/p>\n","protected":false},"author":7,"featured_media":2938,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[84],"tags":[],"class_list":["post-2936","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-new-article"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam.jpg","uagb_featured_image_src":{"full":["https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam.jpg",1080,675,false],"thumbnail":["https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam-150x150.jpg",150,150,true],"medium":["https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam-300x188.jpg",300,188,true],"medium_large":["https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam-768x480.jpg",768,480,true],"large":["https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam-1024x640.jpg",1024,640,true],"1536x1536":["https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam.jpg",1080,675,false],"2048x2048":["https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam.jpg",1080,675,false],"gform-image-choice-sm":["https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam.jpg",300,188,false],"gform-image-choice-md":["https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam.jpg",400,250,false],"gform-image-choice-lg":["https:\/\/www.ask-a-muslim.com\/wp-content\/uploads\/2018\/04\/the-judicial-system-in-islam.jpg",600,375,false]},"uagb_author_info":{"display_name":"Site Admin","author_link":"https:\/\/www.ask-a-muslim.com\/en\/author\/admin2\/"},"uagb_comment_info":17,"uagb_excerpt":"INTRODUCTION Man is a social being by nature.\u00a0 He cannot live perpetually on his own, completely independent of others.\u00a0 People are interdependent.\u00a0 Consequently, friction arise between them when their personal interests come into conflict with each other, or when what they perceive as their individual rights infringe upon those of others.\u00a0 Conflicts between them inevitably…","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/pcT0IL-Lm","jetpack-related-posts":[{"id":6902,"url":"https:\/\/www.ask-a-muslim.com\/en\/troy-bagnall-ex-christian-usa\/","url_meta":{"origin":2936,"position":0},"title":"Troy Bagnall, Ex-Christian, USA","author":"Site Admin","date":"06\/07\/2020","format":false,"excerpt":"My name is Troy Bagnall. I\u2019m a 22-year-old (soon to be 23) college student at Arizona State University (ASU) from Phoenix, Arizona in the US. I\u2019m in a film & media studies program at ASU too. I accepted Islam this past February for a multitude of reasons. I had been\u2026","rel":"","context":"In "Why I became a Muslim"","block_context":{"text":"Why I became a Muslim","link":"https:\/\/www.ask-a-muslim.com\/en\/category\/became-muslim\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":8592,"url":"https:\/\/www.ask-a-muslim.com\/de\/troy-bagnall-ex-christ-usa\/","url_meta":{"origin":2936,"position":1},"title":"Troy Bagnall, Ex-Christ, USA","author":"Site Admin","date":"06\/20\/2020","format":false,"excerpt":"My name is Troy Bagnall. I am a 22 year old (soon to be 23 year old) college student from Phoenix, Arizona in the US. I also participate in a film & media study program at ASU. \u00a0 I adopted Islam last February for a variety of reasons. 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