Professional Documents
Culture Documents
25.judicial System
25.judicial System
The judicial system of islam is based on equality and justice. As Allah commands in Quran:
Indeed, Allah orders justice and good conduct ... (An Nahl, verse 90)
Justice
Regarding the administration of justice, the Quran declares: “Surely, We have revealed the
Book to you with truth so that you may judge between people by means of what Allah has
taught you. And be not one pleading the cause of the dishonest.” (surah Nisah, verse 105)
It is agreed that the occasion of the revelation of the abovementioned verse was a dispute
between a Jew and a Muslim. The Muslim, supported by his tribe, had falsely accused the Jew
of theft. Based on the evidence the Prophet (PBUH) decided against the Muslim.
At a time when help was sorely needed for the defence of Islam, such a verdict meant the loss
of that tribe. But such considerations did not carry any weight with the Prophet and he cleared
the Jew of the charge. Thus, the verse lays down that dishonesty must be punished.
Equality
Usama approached the Prophet ( )ﷺon behalf of a woman (who had committed theft). The
Prophet ( )ﷺsaid, "The people before you were destroyed because they used to inflict the legal
punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the
daughter of the Prophet ( ) )ﷺdid that (i.e. stole), I would cut off her hand." (Bukhari)
Qualities of a judge
The following portion of a letter, written by Hazrat Ali to governor of Egypt, Malik Ashtar,
eloquently explains the status and role of the judiciary in Islam:
“Select as your chief judge one from the people who by far is the best among them;
one who will not decide before knowing the full facts;
one who will not grow restive over the arguments of advocates;
“But it is not easy to find such men. Once you have selected the right man for the office, pay
him handsomely enough to let him live in comfort, enough to keep him above temptations.
Give him a position in your court so high that neither backbiting nor intrigue can touch him.”
(Hazrat Ali's letter to Malik Ashtar)
Imam Ali (a.s.) – to Rifa‘a: “Do not make judgment while you are angry, nor when you are
drowsy.”
Imam Ali (a.s.): “The vilest act is the injustice of the judges.”
Imam Ali (a.s.): “The one whose judgments are unjust, his power will vanish.”