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The Ruling System in Islam5 min readViewed 1 time

11 Judiciary


The Judiciary is responsible for delivering the verdict for the purpose of enforcing it. It settles disputes between people, prevents whatever may harm the rights of the community and also settles the disputes between people and any person who is part of the ruling structure, whether they are rulers or civil servants, the Khaleefah or any other person. The origin of the judicial system and its validity is the Book and the Sunnah. As for the Book, Allah (swt) says; “And judge between them by that which Allah has revealed.” [TMQ Al-Mai’dah: 49]

And He (swt) also says; “And if they were invited to Allah and His Messenger to judge between them...” [TMQ An-Nur: 48]

As for the Sunnah, the Messenger of Allah (pbuh) was himself in charge of the Judiciary and He judged between people. Al- Bukhari narrated about A’isha, wife of the Messenger of Allah (pbuh), that she said; “Utba Ibnu Abi Waqqas told his brother Sa’d bin Abi Waqqas that the child of Zuma’a belongs to him, so keep Him with you. In the year of the conquest, Sa’d took Him and said, ‘The child is my nephew, and He (his brother) has entrusted Him to me.’ Abd ibn Zuma’a stopped and said, ‘He is my brother, the son born to my father, and He was born on his bed.’ So they both rushed to the Messenger of Allah (pbuh) and Sa’d said ‘O Messenger of Allah! He is my nephew and my brother has entrusted Him to me’ and ‘Abd bin Zuma’a said, ‘He is my brother and a son born to my father on his bed.’ The Messenger of Allah (pbuh) said, ‘The child is for the bed and for the fornicator is stoning.’” The Messenger of Allah (pbuh) used to appoint the judges. He appointed ‘Ali as judge over Yemen and He gave Him instructions about how to judge by saying; “If two disputing men come to you do not give a judgement for one of them until you have heard what the other has had to say.” He (pbuh) also appointed Mu’az as a judge over Al-Janad. This indicates the legacy of the judiciary. As for the method of judicature carried out by the Messenger (pbuh), it can be deduced from the Hadith of ‘A’iesha that Sa’d and Abd Ibnu Zuma’a disputed over the son of Zuma’a. Each one claimed that He was his. The Messenger of Allah (pbuh) informed them of the divine rule that the son of Zuma’a was the brother of Abd Ibnu Zuma’a, and that the child belongs to the one on whose bed it is born. Therefore, his (pbuh) judgement was information about the divine rule and then He enforced it upon them, and thus ‘Abd Ibnu Zuma’a took the child. This is the evidence that gives the definition of the Judiciary and this definition serves as a description of the reality. However, since it is a divine reality, and since the divine definition is in fact a divine rule, it therefore requires evidence from which it is to be deduced, and this Hadith serves as an evidence for the definition of the judiciary.

Some people defined the functions of the judiciary as being the ‘settling of the disputes between people’. However this definition is deficient on the one hand, and on the other hand it is not a description of the reality of the judiciary as reflected in the Messenger of Allah’s actions and sayings. This definition is merely a manifestation of what may or may not arise from the judiciary. For the judge may render a judgement on the case without necessarily settling the dispute between the parties. Therefore, the comprehensive and exclusive definition would be the one mentioned at the beginning of this chapter i.e. the one deduced from the Ahadith.

Moreover, this definition includes the judgement between people, and this is mentioned in the Hadith of ‘A’eisha. It also includes the Hisba (public order) which means: ‘Conveying the divine rule for the purpose of enforcing it regarding that which causes harm to the rights of the community.’ This is highlighted in the Hadith of the heap of food. It has been reported in Sahih Muslim on the authority of Abu Hurayra that the Messenger of Allah (pbuh) 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 (pbuh) said; ‘Why don’t you put it on the top so that people can see it? He who cheats does not belong to me.’” It also includes the Mazaalim (unjust acts), because they are part of the judiciary and not part of the ruling, since they are complaints against the ruler. The Mazaalim would be defined as: ‘Delivering of the divine rule by way of compulsion with regards to the dispute that may arise between the citizens and the Khaleefah or any of his Wulah or employees, or any conflict between the Muslims about the interpretation of any of the Shar’a texts used in order to judge by them and to rule according to them.’ The Mazaalim (unjust acts) were mentioned in the Hadith of the Messenger of Allah (pbuh) regarding the fixing of prices where He said; “And verily I hope that I will meet Allah Azza wa Jall without having anyone claiming against me a Mazlama (complaint) I inflicted on him, be it of blood or funds.” [Narrated by Ahmad on the authority of Anas] This indicates that complaints against the ruler, or the Waali or the civil servants should be submitted to the judge of Mazaalim, and the Judge of Mazaalim would deliver the divine rule by way of enforcement. Therefore the definition would include the three areas of judiciary reflected in the Ahadith and actions of the Messenger of Allah (pbuh). These are: settling disputes between people, preventing whatever may harm the rights of the community and the settling of disputes between the citizens and the rulers, or between the citizens and the civil servants within their duties.

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Chapters (94)
  1. 1Foreword
  2. 2Introduction
  3. 31 Ruling in Islam
  4. 42 The Islamic State
  5. 52.1 The shape of the ruling system in Islam
  6. 62.2 The shape of the Islamic ruling system is not monarchical
  7. 72.3 The shape of the Islamic ruling system is not republican
  8. 82.4 The shape of the Islamic ruling system is not imperial
  9. 92.5 The Ruling System In Islam Is Not A Federal One
  10. 102.6 The System Of Ruling In Islam Is The Khilafah
  11. 113 The principles of ruling
  12. 123.1 Sovereignty is for Shar’a
  13. 133.2 The authority belongs to the Ummah
  14. 143.3 The appointment of one Khaleefah is obligatory on all Muslims
  15. 153.4 The adoption of laws is the exclusive right of the Khaleefah
  16. 164 The structure of the state
  17. 174.1 The Khaleefah
  18. 184.2 Conditions of the Khaleefah
  19. 194.3 The conditions of preference
  20. 204.4 Contracting of the Khaleefah
  21. 214.5 The verdict on the usurper
  22. 224.6 By which people is the Khilafah contracted
  23. 234.7 Who appoints the Khaleefah
  24. 244.8 The Bay'ah
  25. 254.9 Seeking the Khilafah
  26. 264.10 The method of appointing the Khaleefah
  27. 274.11 Designating or appointing a crown prince
  28. 284.12 Succession to the throne
  29. 294.13 The time term of the Khaleefah
  30. 304.14 The time limit given to the Muslims to appoint a Khaleefah
  31. 314.15 The unity of the Khilafah
  32. 324.16 The mandatory powers of the Khaleefah
  33. 334.17 The Khaleefah’s method of looking after the subjects’ affairs
  34. 344.18 The Khaleefah is restricted in adoption by the divine rules
  35. 354.19 The removal of the Khaleefah
  36. 364.20 The Ummah does not reserve the right to remove the Khaleefah
  37. 374.21 The Court of Unjust Acts is the only body that could legitimately remove the Khaleefah
  38. 385 The Khilafah State is a human state not a theological
  39. 396 Leadership in Islam is singular and not collectivey
  40. 407 The Khaleefah’s assistants
  41. 417.1 The Delegated Assistant
  42. 427.2 The conditions of the Delegated Assistant
  43. 437.3 The conditions required in the appointing of the Delegated Assistant
  44. 447.4 The task of the Delegated Assistant
  45. 457.5 The Executive Assistant
  46. 468 The Ameer of Jihad
  47. 478.1 Foreign affairs department
  48. 488.2 War department
  49. 498.3 Internal security department
  50. 508.4 The department of industry
  51. 519 The Army
  52. 529.1 The divisions of the army
  53. 539.2 The flags and banners of the army
  54. 549.3 The Khaleefah Is The Leader Of The Army
  55. 559.4 Culturing the army in military and Islam
  56. 569.5 The Islamic State is in a continuous state of Jihad
  57. 5710 The Wulat (Wulah) Governors
  58. 5810.1 The appointment and dismissal of the Governors
  59. 5910.2 The mandatory powers of the of the Governor
  60. 6010.3 The Khaleefah should make enquiries about the works of the governors
  61. 6111 Judiciary
  62. 6211.1 Types of judges
  63. 6311.2 The conditions required for the post of judges
  64. 6411.3 The appointment of judges
  65. 6511.4 The forming of tribunal courts
  66. 6611.5 Al-Muhtasib
  67. 6711.6 The mandatory powers of the Muhtasib
  68. 6811.7 Qadhi of Mazaalim
  69. 6911.8 The appointment and the removal of the judges
  70. 7011.9 The mandatory powers of the Mazaalim judge
  71. 7112 The administration system
  72. 7212.1 The administrative system is a style of administration - not ruling
  73. 7312.2 Discharging of interests is part of ruling affairs
  74. 7412.3 The administraion details
  75. 7512.4 The policy of the administration of interests
  76. 7612.5 Those who are eligible to be civil servants
  77. 7712.6 The civil servants are state hired staff
  78. 7813 The Council of the Ummah
  79. 7913.1 The right of the Shura
  80. 8013.2 The rule of Shura
  81. 8113.3 Electing the members of the Council of the Ummah
  82. 8213.4 The membership term of the Council of the Ummah
  83. 8313.5 Membership of the Council of the Ummah
  84. 8413.6 The mandatory powers of the Council of the Ummah
  85. 8513.7 The right of speech and expression of opinion
  86. 8614 Islam must be implemented as a whole. Gradual implementation is Haram
  87. 8715 Islam forbids ruling by a police state
  88. 8815.1 Islam forbids harming the Muslims and spying on them
  89. 8915.2 Obedience to the Muslim ruler who governs with Islam is compulsory
  90. 9015.3 No obedience in sin
  91. 9115.4 Accounting the rulers is Fard upon the Muslims
  92. 9215.5 The ruler who displays flagrant Kufr must be fought against
  93. 9316 Establishing political parties is Fard Kifayah
  94. 9417 The guarantee of the implementation of Islam