It is an independent administrative system in the Islamic
government. It is oriented to resolve all types of legal
disputes among people. Islam is a system that ensures to
guarantee relative rights of the public. The system also
assures the establishment of justice among people stops
oppression and punishes the oppressors. The Islamic system
follows the directives of Allah (subhanahu wa ta'ala) and the
Sunnah, (traditions) of the Prophet (peace and blessings of
Allah be upon him). There are specific criteria to applying
for a position in the Islamic judicial system. The following
is a digest list of the criteria requirements:
- The applicant must be a mature, sane and mentally
capable.
- The applicant must be fit and healthy in order to
surmount the difficulties and challenges of his job.
- The applicant must be well educated and informed about
the Shari'ah Islamic rulings and the principles of lawful
and unlawful in Islam. In addition, such a person must have
the ability and the sense to differentiate between lawful
and unlawful matters. In addition, he should have the
ability to deduce, assess and offer verdicts in both worldly
and religious spheres.
- The applicant must enjoy an honorable, dignified, honest
and high moral character. In addition, the applicant must
not possess ignoble reputation. He should be a man of
upright conduct so that his judgements are well accepted by
the parties in dispute.
Moreover, every individual in the Islamic society, regardless
of his faith or religious belonging, position or social
status, enjoys certain rights. The following is a concise list
of such rights:
The right to
seek judgement against oppressors. An individual may sue his
oppressor to the judicial courts.
Disputing
parties: the plaintiff and the defendant must have equal
hearings before the judge. This is based on the Hadith of
Allah's Messenger (peace and blessings of Allah be upon him):“
Whosoever is tested [in his life] to become a judge among
Muslims, must be just [and fair] in statement, pointing and
seating”[93].
Additionally,
this is based on the Hadith of Allah's Messenger (peace and
blessings of Allah be upon him), instructing Ali (may Allah be
pleased with him) when he commissioned him as a judge saying:“
Surely, Allah (subhanahu wa ta'ala) shall guide your heart and
fasten your tongue [to the truth]. When the plaintiff and the
defendant sit before you do not issue a verdict for one until
you hear the statement of the other as you heard the first”[94].
According to
Islam, every one is, essentially, innocent unless proven
guilty. This is based on the Hadith of Allah's Messenger
(peace and blessings of Allah be upon him):“
If people are given [judgements] based on their claims [and
statements alone]. You will see people claiming that others
killed [their relatives] or possessed their wealth. However,
the defendant must offer an oath”[95].
Baihaqee's
report, however, says:The evidence must be produced by the
plaintiff and an oath must be offered by the defendant'.
Islam grants
rights to the suspect. The accusation on suspicion does not
deprive the suspect from his due rights. A suspect may not be
forced against his will to say, do or behave in any way. A
suspect must not be tortured by any mean. A suspect must not
be subjected to any violence, cruelty or hardships in order to
force him to give any confession. This is based on the Hadith
of Allah's Messenger (peace and blessings of Allah be upon
him):“
Allah (subhanahu wa ta'ala) puts down [forgiven] the following
items of my Ummah, nation [they are not responsible]: error,
forgetfulness and whatever they are forced to do [against
their own will]”[96].
It is,
further, reported that the second caliph, Omar bin al-Khattab
(may Allah be pleased with him) stated:" If you cause a
[suspect] person to be hungry, frightened or imprisoned, do
not expect him to be safe and not to confess against his own
soul"[97].
Islam affirms
personal responsibility. This means no one is to be held
responsible for the faults of others. Accusation, suspicion,
harassment and punishment must be confined to the guilty
person. His family members should not share his indicted
penalty. This is based on the verse in the Glorious Qur'ân
Sura Fussilat 41:46 the meaning of which is translated as:“
Whoever works righteousness benefits his own soul; whoever
works evil, it is against his own soul: nor is Your Lord ever
unjust (in the least) to His Servants”.
Moreover,
this is based on the Hadith of Allah's Messenger (peace and
blessings of Allah be upon him):“
No one should be taken [guilty] for the wrong doing of his
brother or father”[98].
Islam
prescribes specific code of conduct for judges that should be
observed. The letter sent by the second Caliph, Omar bin
al-Khattab (may Allah be pleased with him) to one of the
assigned judges provides guidelines. The letter states:“
From the second Caliph, Omar bin al-Khattab, the salve servant
of Allah to Abdullah bin Qais. Peace be unto you. Sentencing
judgements among [disputing] people is a precise and
obligatory act that should be followed and executed properly.
You should [try your best to] understand the people present
before you. Furthermore, [realize that] none will benefit from
a right that is not [properly] executed. Give equal looks and
seating to [disputant] people in your court so as an
influential person may not think to take advantage because of
his [super] status. Moreover, a weak person will not despair
of [obtaining] justice in your court. The plaintiff must
present a proof of evidence. A defendant must take an oath if
rejected and denied the claim of the plaintiff. Disputing
people may choose to compromise between one another. However,
no compromise is acceptable if it renders an unlawful item
lawful or vices versa. If you pass a judgement one day, but
upon reviewing it on the next, you discover that you made a
mistake and the right sentence is not what you passed as a
verdict before, then [reopen the case] and pass the right
sentence. You should realize that returning to the right
sentence and judgement is [much] better than indulging deeper
in the falsehood. Try to understand the confusing matters that
have no text to support them either from Qur'ân or from
Sunnah, traditions of the Prophet (peace and blessings of
Allah be upon him). You should study the resembling rulings,
sentences and similar cases, then assess according to these
after obtaining a proper knowledge. Try to choose the most
beloved items to Allah and those, which are closest to the
truth. Offer a chance to a plaintiff who claims a matter that
is not currently present by setting a definite time for him to
prove it. If such a plaintiff produces his proof of evidence,
adjudicate the case in his favor. If not, then judge against
his case. [You must know that] all Muslims are trustworthy
insofar as the testimony is concerned, except for a person who
is lashed for committing any shameful act in the Islamic
society, or a person who is known for false testimonies, or a
person who is either a relative or distantly related to the
plaintiff. [You should also know that] Allah (subhanahu wa
ta'ala) takes care of all hidden secrets of people and helps
you [to judge] by using proofs of evidence. Furthermore, you
must not worry, become intolerant, or complain by disputing
people for rightful matters where Allah reward for being
patient and pleased with the results. [You must also know
that] if a person has a good innersole with Allah (subhanahu
wa ta'ala) , Allah will [surely] improve the relations of that
man with the public”[99].
For more
information on this subject, please refer to the reference
books on adjudication in Islam.
[93] This Hadith is reported by Darqatnee and Baihaqee.
[94] Abu Dawoud, Hadith No.3582.
[95] Bukahri, Hadith No.1711 and Muslim, Hadith No.4277.
[96] Ibn Majah, Hadith No.2053.
[97] This statement is reported by Abu Yusuf in his book
al-Kharaj.
[98] Nasaiee, 8:53.
[99] Tirmithee, Hadith No.3472.
