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10.3.1 Objective of the Judiciary


The basis of the Judiciary is set in three principles :

1) That the application of the Islamic judgement on each and every issue is obligatory,.

2) That it is forbidden to follow any Shari‘ah other than Islam, and.

3)Any Shari'ah other than Islam is kufr (disbelief) and taghut (falsehood).

It is within the framework of these that the Judicial System of the Islamic State operates, and it is based around these that the definition of the judiciary (‘al-Qadha’) is established from the Shari‘ah.

Thus, the definition and purpose of the judiciary is, “to allow the legitimate judges to provide the opinions about the divine rules on any situation, with the authority to enforce them.”.

Evidences for the Legitimacy of the Judiciary The foundation of the judiciary system and its lawfulness are derived from the Qur’an and the Sunnah. As for the Qur’an, Allah (swt) says,.

“But no, by your Lord, they will not believe (in truth) until they make you judge of what is in dispute between them and find within themselves no dislike of that which you decide, and submit with full submission.” [TMQ 4:65]. “Lo! We reveal unto you the scripture with the truth, that you may judge between mankind by that which Allah has shown you.” [TMQ 4:105].

“So judge between them by whatever Allah has revealed, and follow not their desires away from the truth which has come to you.” [TMQ 5:51].

These ayat clearly indicate that it is legitimate to judge between the people and indeed that it is fard (obligatory) to do so, referring only to the system of Allah (swt).

As for the Sunnah, the Messenger of Allah (saw) was himself in charge of the Judicial System and he judged between people. Muslim reported on the authority of ‘A’isha (ra), wife of the Messenger of Allah (saw), that she said, “Sa‘ad ibn Abi Waqqas and Abd ibn Zama‘a disputed with each other over a young boy. Sa‘ad said: Oh Messenger of Allah, he is the son of my brother Utbah ibn Abi Waqqas as he made explicit that he was his son. Look at his resemblance. Abd ibn Zama‘a said: Messenger of Allah, he is my brother as he was born on the bed of my father from his slave-girl. Allah’s Messenger (saw) looked at his resemblance and found a clear resemblance with Utbah, but he said: He is yours O Abd ibn Zama‘a, for the child is to be attributed to one on whose bed it is born, and stoning is for the adulterer.”.

This is proof that Muhammad (saw) judged between the people, and that his judgement carried authority to be implemented.

Other Evidences of the Judiciary in Sunnah.

Abu Daud, Tirmidhi, Nissai, and Ibn Majah reported : Buraida said, The Messenger of Allah (saw) said, “The judges are three, two of them will go to the Hellfire and one will go to the Paradise. One knows the truth and he judges with it - he is in the paradise, one knows the truth and doesn’t judge by it, he will go to the Hellfire. The other doesn’t know the truth and judges between the people with ignorance - he will go to the Hellfire.”.

Ahmad and Abu Daud reported : Ali (ra) said the Messenger of Allah said, “Oh Ali, if two people come to ask you to judge between them, do not judge to the first one until you hear the word of the second one in order that you may know how to judge.”.

Bukhari, Muslim and Ahmad reported : Umm Salamah said, “Two men disputed about the inheritance and came to the Messenger of Allah (saw), neither having any proof. He (saw) said : Both of you bring your dispute to me and I am a man like you and one of you may have more eloquent speech, so I may judge in his favour. And if I judge for him something that does not belong to him and I take it as a right from his brother, he should not take it because whatever I give to him it will be a piece of Hellfire in his stomach and he will come bowing his neck on the Day of Judgement. Both of the men cried, and one man said, I give my share to my brother. The Prophet (saw) said go now together and divide the inheritance between you and seek the right from both of you and each one of you say to the other ‘May Allah forgive you’, and permit him what he takes in order for both of you to be rewarded.”.

Baihaqi, Darqutni and Tabarani reported : The Messenger of Allah (saw) said, “Whoever Allah tests by letting him become a judge, should not let one party of a dispute sit near him without bringing the other party to sit near him. And he should fear Allah by his sitting, his looking to both of them and his judging to them. He should be careful not to look down to one as if the other was higher, he should be careful not to shout to one and not the other, and he should be careful of both of them.”.

Muslim, Abu Daud and Al-Nissai reported : Ibn Abbas said, “The Messenger of Allah (saw) judged between the people by oath and witnesses.”.

Mawardi, in ‘The Etiquette of the Judge’, vol.1, p.123 : “The Messenger of Allah (saw) appointed judges in the Islamic State; one of them was Imam Ali, one was Mu‘adh ibn Jabal and one was Abu Musa al-Ash‘ari.”.

Muslim reported : Abu Hurayrah said, “The Messenger of Allah (saw) passed by a heap of food, as he put his hand inside it his fingers got wet, so he said to the vendor: What is this? He said : It was dampened by the rain O Messenger of Allah. He (saw) said : Why don’t you put it on the top so that people can see it? He who cheats us is not one of us.” All these ahadith clearly state the authenticity of judging and explain from different angles some of the elements of the Judicial System of the Islamic State:

The ahadith indicate that people are motivated to become judges, due to the reward of the judge.

The ahadith make terrified those people who want to become judges if they are not capable.

The ahadith show us the usul (source) of disputing and the usul of judging, e.g. the Messenger of Allah (saw) told ‘Ali not to judge until he heard the statement of both parties. They show that we must have a court where both parties sit together and that the judge must listen to both parties. He said fear Allah at the way you look at them, talk to them and the way you judge between them.

They show the foundation of appointing a representative. Because of the saying, ‘Be careful of those with good tongues’; so it is permissible to appoint someone to speak on your behalf.

They prove that the Messenger of Allah (saw) took oaths and witnesses and that they are evidences which can be used in proving cases.

They state types of judges, e.g. Qadi Muhtasib - who establishes justice and fair dealing in the market place.

They state the authenticity of appointing judges, as per Mawardi - Imam ‘Ali and Mu‘adh ibn Jabal.

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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