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Introduction to System of Islam3 min readViewed 5 times

10 The Judicial System


In an Islamic law court only one judge is responsible for any trial. He has the authority to pronounce judgements based on the Qur’an and Sunnah. Other judges may only advise or assist, if requested to do so by the presiding judge.

Islamic punishments can only be administered when the evidence is proven to be definite and all relevant conditions are met (for example four witnesses to prove adultery). If there is any doubt over the evidence the whole case is thrown out.

There are three types of judge in Islam :

1) Qadi ‘Aam - responsible for settling disputes among the people, e.g. everyday issues over land, car crashes, accidents etc.

2) Qadi Muhtasib - Responsible for resolving disputes that arise between the Ummah and any people who harm the society at large, e.g. shouting in the streets, cheating in the market etc.

3) Qadi Madhaalim - who deals with disputes between the people and the State officials. He can dismiss any ruler or government official, including the Khaleefah.

The second Khaleefah ‘Umar ibn al-Khattab (Amir of the Muslims between 634-644 CE) was the first to set up jails and prisons in Makkah.

Under the Judicial System, every person, Muslim or non-Muslim, male or female, defendant and accused has the right to appoint a representative or proxy.

There is no distinction between civil and criminal courts as we see today in Muslim countries, e.g. Pakistan where both parts of Islam and parts of kufr are applied. The Islamic State will only use the sources of Islamic law, i.e. the Qur’an and the Sunnah (and whatever derives from them), as its reference.

Islamic punishments will be executed without delay or hesitation. No-one is to be punished except by a rule of court. In addition, any means of torture is not permissible.

Under the Islamic system a person aggrieved of a crime has the right to forgive the accused or demand compensation (i.e. qisas) for a crime - except for hadud laws, which are the right of Allah (swt).

The Islamic punishment of hand-cutting only applies if seven conditions are fulfilled. These are :

1) Two witnesses (with no contradiction or error in their testimonies).

2) The value of the stolen goods must exceed 1/4 of a dinar in value (4.25g of gold).

3) Cannot be food (if the thief was hungry).

4) Cannot be from the thief’s family.

5) Goods must be halal in nature (e.g. not alcohol).

6) Must be stolen from a secure place.

7) Must be no doubt on the goods (i.e. the thief definitely has no right over it, e.g. money from the public treasury).

Throughout the entire 1300 years of Islamic rule only around 200 people had their hand cut off for theft.

Any person has the right to take the leader to court, speak to him or criticise him if he has done any transgressions towards him or her. This was the case when a woman in the time of ‘Umar ibn al-Khattab corrected him over a mistake he made about the value of the dowry.

The honour of a citizen is a sacred trust upon the Ummah. The punishment for accusing another Muslim of being unchaste without producing four witnesses to substantiate the claim is 80 lashes.

There are four categories of punishment in the Islamic Judicial System:

Hadud - The right of Allah (swt), e.g. fornication (100 lashes), apostasy (death).

Al-Jynayaat - The right of the individual. He/she may forgive the criminal, e.g. murder, bodily harm.

Al-Ta‘azir - The right of the community - those issues that affect the every day life of the general public, e.g. littering, cheating in the market.

Al-Mukhalafat - The right of the State - issues affecting the running of the State, e.g. breaking the speed limit.

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Chapters (135)
  1. 11.Introduction
  2. 21.1 Islam as a Way of Life
  3. 31.2 The Universal Applicability of Islam
  4. 41.3 Islam for all Mankind
  5. 51.4 The Problems of Secularism
  6. 62 Facts About The Khilafah State
  7. 72.1 Life Before Islam
  8. 82.2 Establishing the First State
  9. 93. The Orientalist Attack
  10. 104. Misconceptions
  11. 115. Humanity at the Cross-roads
  12. 125.1 Why such a mess
  13. 135.2 Democracy
  14. 145.3 Humanity at the Cross-roads
  15. 155.4 The Islamic Creed
  16. 165.5 The Need for Messengers
  17. 175.6 The Challenge of the Qur’an
  18. 185.7 Spiritual & Political
  19. 196. The Ruling System
  20. 206.1 Facts about the Ruling System
  21. 216.1.3 Appointing the Khaleefah
  22. 226.1.5 How Can You Approach
  23. 236.2 The Islamic Ruling System
  24. 246.2.1 Principles of Ruling In Islam
  25. 256.3 The Structure of the Ruling System of Islam
  26. 266.3.1 Departments of Ruling in the Khilafah
  27. 276.4 The Delegated and Executive Assistants to the Khaleefah
  28. 286.4.1 Delegated Assistant
  29. 296.4.2 Executive Assistant
  30. 306.4.3 The Wali and the ‘Aamel of the Provinces
  31. 316.5 The Amir of Jihad
  32. 326.5.1 The External Affairs (Foreign Policy)
  33. 336.5.2 The Military
  34. 346.5.3 The Internal Security
  35. 356.5.4 The Industry
  36. 366.6 The Judiciary
  37. 376.8 The Judiciary
  38. 386.9 Summary Ruling in Islam
  39. 397 The Economic System
  40. 407.1 Facts About the Economic System
  41. 417.2 So, You Want to Buy a House
  42. 427.3 Islam and the Economic Question
  43. 437.3.1 The Economic Problem as Defined by Islam
  44. 447.3.2 Objectives of the Islamic Economic System
  45. 457.3.3 Origin of Ownership
  46. 467.3.4 Types of Property
  47. 477.3.5 Economic Enterprises, Riba (Interest) and Hoarding
  48. 487.3.6 The Role of the State and its policy
  49. 497.3.7 Economic Development
  50. 507.3.9 The Bait al-Mal (State Treasury)
  51. 517.3.11 The Ideal Economic System
  52. 527.4 Summary Economics in Islam
  53. 538 The Social System
  54. 548.1 Facts About the Social System
  55. 558.2 So, You Want to be a Parent
  56. 568.2.1 Growing up in the West
  57. 578.2.2 So why all the problems
  58. 588.2.3 The Islamic Social System Solves the Problems of Parenthood
  59. 598.2.4 The Effect of Society on Your Child
  60. 608.2.5 Rights and Duties of the Parent and the Child
  61. 618.2.6 Your Life as a Parent in the Islamic State
  62. 628.3 The Islamic Social System
  63. 638.3.1 Men and Women in Islam
  64. 648.3.2 Objectives of the Social System
  65. 658.3.3 Principles of the Social System
  66. 668.3.4 Segregation Between Men and Women
  67. 678.3.5 The Public and Private Life
  68. 688.3.6 Khalwa - Seclusion
  69. 698.3.7 Modesty and Lowering the Gaze
  70. 708.3.8 Not Travelling Alone for More than 24 Hours
  71. 718.3.9 Relationships and Marriage ( Nikah)
  72. 728.3.10 Motherhood, Fatherhood and Children
  73. 738.3.11 Conclusion Social System
  74. 748.4 Summary Social System in Islam
  75. 759 The Education System
  76. 769.1 Facts About the Education System
  77. 779.2 What’s Happening to Our Children
  78. 789.3 The Objective of the Education Policy in Islam
  79. 799.3.1 Islamic Curriculum Within the Khilafah
  80. 809.3.2 Education Services of the Islamic State
  81. 819.3.3 The Muslims’ Educational Institutions
  82. 829.3.4 Measures Taken to Prevent Exposure to Kufr
  83. 839.4 Summary Education in Islam
  84. 8410 The Judicial System
  85. 8510.1 Facts About the Judicial System
  86. 8610.2 So you think you’re safe, do you
  87. 8710.2.1 Money Talks
  88. 8810.2.2 Justice under Islam
  89. 8910.2.3 Taqwa - The First Line of Defence
  90. 9010.2.4 The Pressure of Public Opinion
  91. 9110.2.5 Justice in Islam
  92. 9210.3 The Islamic Judicial System
  93. 9310.3.1 Objective of the Judiciary
  94. 9410.3.2 The Hukm of the Judiciary
  95. 9510.3.3 The Responsibilities of the Judiciary
  96. 9610.3.4 The Appointing of Different Types of Judges
  97. 9710.3.5 The Structure of the Judiciary
  98. 9810.3.6 The Conditions Required for the Position of Judge
  99. 9910.3.7 The Appointment of Judges
  100. 10010.3.8 Qadi al-Qada‘a - The Judge of Judges
  101. 10110.3.9 How the Judges are Removed
  102. 10210.3.10 Punishments
  103. 10310.3.11 Conclusion
  104. 10410.4 The Punishment System in Islam
  105. 10510.4.1 The Objectives of the Punishment System
  106. 10610.4.2 Principles of the Punishment System
  107. 10710.4.3 Who is Subject to Punishment
  108. 10810.4.4 The Types of Punishment
  109. 10910.4.5 The Law of Evidence
  110. 11010.4.6 Punishment as the Last Resort
  111. 11110.4.7 Conclusion
  112. 11210.5 Summary Judiciary in Islam
  113. 11311. The Way to Revival
  114. 11411.1 Signs of Revival
  115. 11511.2 The Basis for Revival
  116. 11611.3 The Prophet’s (saw) Method of Establishing Islam
  117. 11711.4 The Need for Political Movements
  118. 11811.5 Changing a Corrupt Society to Islam
  119. 11911.6 Interaction with Society
  120. 12011.7 Seeking Support to Establish the State
  121. 12111.8 The Practical Involvement Necessary Today
  122. 12212. A Vision For The Future
  123. 12312-1 Islam A World Without Borders
  124. 12412.2 Islam - a Cure for Community Strife
  125. 12512.3 Islam - the Economic Life
  126. 12612.4 Luxuries are not Needs
  127. 12712.5 No Free Market
  128. 12812.6 Islam and Education
  129. 12912.7 Islam and the Judiciary
  130. 13012.8 Islam and the Foreign Policy
  131. 13112.9 Muslim Land is One Land
  132. 13212.10 The Global Effect of the Khilafah
  133. 13313. Carrying the Da‘wah of Islam
  134. 13413.1 The Work of the Da‘wah
  135. 13513.2 The Method for Revival