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    The judicial system in Islam is based on equality and justice, as commanded in the Quran. Judges must make rulings based only on the facts and evidence presented, not personal biases or relationships. An example is given of Prophet Muhammad ruling against his own tribe to clear an innocent Jew of false charges. Additionally, all people are equal under the law regardless of social status - if the Prophet's own daughter had committed a crime, he would have punished her the same as anyone else. Qualities of a good judge include impartiality, lack of bias, patience, and incorruptibility. Judges must also be paid enough to remain above temptation to rule unjustly.

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    25.Judicial system

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    The judicial system in Islam is based on equality and justice, as commanded in the Quran. Judges must make rulings based only on the facts and evidence presented, not personal biases or relationships. An example is given of Prophet Muhammad ruling against his own tribe to clear an innocent Jew of false charges. Additionally, all people are equal under the law regardless of social status - if the Prophet's own daughter had committed a crime, he would have punished her the same as anyone else. Qualities of a good judge include impartiality, lack of bias, patience, and incorruptibility. Judges must also be paid enough to remain above temptation to rule unjustly.

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    37 views2 pages

    25.judicial System

    Uploaded by

    saba iqbal
    The judicial system in Islam is based on equality and justice, as commanded in the Quran. Judges must make rulings based only on the facts and evidence presented, not personal biases or relationships. An example is given of Prophet Muhammad ruling against his own tribe to clear an innocent Jew of false charges. Additionally, all people are equal under the law regardless of social status - if the Prophet's own daughter had committed a crime, he would have punished her the same as anyone else. Qualities of a good judge include impartiality, lack of bias, patience, and incorruptibility. Judges must also be paid enough to remain above temptation to rule unjustly.

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    © All Rights Reserved
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    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 is not self-centred;

    one who is not obsessed with domestic worries;

    one who cannot be intimidated;


    one who does not err too often;

    one who will not decide before knowing the full facts;

    one who will not grow restive over the arguments of advocates;

    one who will be strictly impartial in his decision;

    one whom flattery cannot mislead;

    one who does not exult over his position.

    Accommodations for a judge

    “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)

    Warning against Unjust and Negligent Judgments

    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.”

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