The Judicial System in Islam Its Legal Basis and Islam Ruling

The Judicial System in Islam : Its Legal Basis and Islam Ruling

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The Judicial System in Islam : Its Legal Basis and Islam Ruling

By The Editorial Team of Dr. Abdurrahman al-Muala (translated by
islamtoday.com)


Defining the Judicial System and its Legal basis

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.

All of the Messengers of God (may God praise them all) acted as
judges. God says:

=93And remember David and Solomon, when they gave judgment concerning
the field when people=92s sheep had browsed therein at night, and We
were witness to their judgment. And We made Solomon to understand the
case. And to each of them We gave good judgment and knowledge.=94 (Quran
21:78-79)
God also says:

=93O 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. Verily, those who stray from the
path of God have a severe punishment because they forgot the day of
reckoning.=94 (Quran 38:26)

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. This is mentioned in
the Quran in a number of places. God says, for instance:

=93So 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.=94 (Quran 5:49)

God also says:

=93=85And if you judge (O Muhammad), judge between them with justice.
Verily, God loves those who act justly.=94 (Quran 5:42)

And He says:

=93But 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.=94 (Quran 4:65)

The Sunnah also provides for the legal basis of the Islamic judicial
system. It is related by Amr b. al-Aas that the Prophet said:

=93If a judge gives a judgment using his best judgment and is correct,
then he receives a double reward (from God). If he uses his best
judgment but makes a mistake, then he receives a single
reward.=94 (Ahmed)

God=92s Messenger said:

=93You 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.=94 (Saheeh Al-Bukhari, Saheeh Muslim)

Many scholars have related to us that there is consensus among Muslims
on the legal status of the judicial system in Islam. Ibn Qudamah says:

=93The Muslims are unanimously agreed that a judicial system must be
established for the people.=94
The Islamic Ruling Concerning the Judiciary

The jurists agree 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. If, on the other hand,
everyone neglects it, then everyone in society is sinful.

The proof that these duties are obligatory comes from the Quran:

=93O you who believe! Stand out firmly for justice...=94 (Quran 4:135)

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. It is not
obligatory for every individual to carry out this duty as long as some
people are doing so.

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

=93People have to have a judicial authority or their rights will
disappear.=94

The duties of the judiciary include enjoining what is right, helping
the oppressed, securing people=92s rights, and keeping oppressive
behavior in check. None of these duties can be performed without the
appointment of a judiciary.

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




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