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Old Wednesday, July 27, 2011
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Judicial System Of Islam


Outline:

The Quran On Justice
• Concept Of Justice In Islam
• Principle Of Justice Under Islam


The Quran On Justice:

According to Islam, God is Sovereign, and He is Most Just. Man as the vicegerent of Allah is enjoined to do justice even though it may be against himself. According to Islam, justice is next to piety. There are numerous verses in the Holy Quran enjoining Muslims to do justice. Some of these verses are quoted here under:

“God commands that when you judge between man and man, judge with justice.”
(An-Nisa: 58)


“Allah has sent down the Book in truth, so that you may judge between men as guided by God”
(An-Nisa: 103)


“Allah commands justice, the doing of good and liberality to kith and kin. He forbids all shameful deeds, injustice and rebellion.”
(An-Nahl: 90)


“We sent down with Our Apostle the Balance of Justice, so that man may stand forth in justice.”
(Al-Hadid: 25)


“If you judge, judge in equity between them for Allah loves those who judge in equity.”
(Al-Ma’ida:45)



Concept Of Justice In Islam:

The concept of justice in Islam is radically different from the concept of justice under other orders. For Greek concept of justice was that of remedial justice. The Roman concept of justice was that natural justice, while the Anglo-Saxon concept of justice is that formal justice. In Islam, justice is symbolised by “balance” and, this stands for absolute fairness. In Islam, justice is not merely a formal function of the Sate; it is a religious obligation. The concept of justice in Islam accordingly stands at a higher pedestal as compared with the concept of justice under other orders.

Principle Of Justice Under Islam:

From the verses of the Holy Quran concerning justice quoted above, we can deduce some principle of justice which distinguishes Islam from other orders. Some of these principles are as follows:

i) Justice must be substantial and not merely formal, which means that justice should be done not only in accordance with law (i.e. formal), but it should be done in such a way that it results in absolute justice and complete fairness (i.e. substantial).

ii) In Islam the doing of justice is not the concern of the judge alone; but it is the responsibility of the community as well. Every member of the community is involved in the process. If any injustice is committed to any person’s knowledge he cannot stand apart as a silent spectator even though he is not personally affected.

iii) Justice according to the Islamic concept demands a very high sense of moral standard, so that person has the courage to be a witness eve against him if he has done any wrong.

iv) According to Islam, justice is next to piety. As such the doing of justice is not merely a legal obligation or a moral duty; it is a religious imperative.

v) In an Islamic State, justice is to be done in the name of Allah and Allah is fully aware of the intentions of men. In Islam, therefore, administration of justice is not based merely on the overt act; the motive behind such act is also to be taken into account.

vi) Justice in Islam is not blind, it is very much enlightened.

vii) Islam stands for absolute equality before law, and the equal application of law. In Islam, no one enjoys immunity and no discrimination is permissible in the application of the law. Unlike the secular concept, “The King can do no wrong”, the Head of the State in an Islamic order is accountable before law for any wrong that he may have done.

viii) Under Islam, law and equity, are not two different concepts as in the Anglo-Saxon law. As such there are no separate courts of equity in Islam, nor there any different principles to govern the grant of equitable remedies. Specific performance is the rule and not an exception under the Islamic system of justice.

ix) In the matter of criminal justice, the principle adopted under the Islamic system is preventive rather than primitive. The aim of the Islamic system is to prevent the committing of crime and not merely to punish the offenders. Islamic State is not concerned merely with the punishment of offenders; it is under an obligation to create conditions which would prevent the commission of crime. In Islam, Justice is the basic obligation of the State and has therefore to be administrated free. No court fees can be levied under the Islamic system.

x) Islam does not recognize the Anglo-Saxon concept that “Ignorance of law is no excuse.” In an Islamic State, the State has to ensure that no one should suffer because of the ignorance of law.

xi) Under Islamic system, there can be no exploitation or professionalization of the Judicial process; if a lawyer knows that his client is guilty he cannot plead his case.

xii) In secular orders, justice long drawn out time consuming process. According to Islam, “Justice delayed is justice denied.” Islam stands for speedy justice.

xiii) In Islam, the laws of natural justice are of special significance. In Islam no one can be condemned or subjugated to any disability without being heard. In Islam if an unjust order has been passed by a judge because of any bias, it is the judge who should be removed and not merely his decision as in the secular orders.
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