View Single Post
  #1  
Old Monday, May 25, 2015
AZKAFATIMA's Avatar
AZKAFATIMA AZKAFATIMA is offline
Senior Member
Medal of Appreciation: Awarded to appreciate member's contribution on forum. (Academic and professional achievements do not make you eligible for this medal) - Issue reason:
 
Join Date: Sep 2013
Location: Where Am I?
Posts: 258
Thanks: 15
Thanked 240 Times in 117 Posts
AZKAFATIMA is on a distinguished road
Post HAZRAT UMER(R.A) letter on judiciary

Hazrat Umar (RA) to Abu Musa Ashari (RA), governor of Kufa. It contained the golden principles of quick justice without fear or favour. I am reproducing the whole letter here.

1. “The duty of adjudication is a well-established and consistent practice in Islam that has been followed throughout the ages; therefore, try your best to understand with depth and wisdom whenever you are appointed as judge, on the basis of evidence and proof, and enforce the right, if it is established, because it is useless to talk about a right which is not enforceable.

2. “And make sure that you do full justice between the litigant parties, not only through your judgments, but also through your facial expressions and body language, so that an influential man never hopes for any kind of injustice from you, nor a powerless person need question you fairness, nor an enfeebled one gets hopeless about your justice.

3. “Remember that the burden of proof is always on the plaintiff and the complainant and the obligation of oath is upon the defendant and the respondent. Reconciliation is allowed between Muslims, provided it does not permit what is prohibited or prohibits what is permissible.

4. “Your earlier judgment should not deter you from reviewing it if you are guided to the right path by your senses and reason, because truth is eternal and it can never be abolished. And to revise decisions for the sake of upholding the truth is far better than persisting in something that is null and void (not correct).

5. “And you must be perceptive and judicious regarding whatever comes to your mind which is not revealed in the Holy Quran and the Sunnah. Then search for earlier, similar examples from the Quran and Sunnah.

6. “And compare your unprecedented thoughts and ideas with what you have discovered and then base your judgment upon what is closest to the guidance of the Almighty and nearest to the truth.

7. “And set a deadline for a complainant who is asking for a right and accept his claim if he/she manages to produce evidence. This will leave no room for any excuse.

8. “Muslims are equal before you as witnesses unless someone is convicted in a Hadd (adultery) case or proved guilty of fake testimony or is seen as serving the personal interest of a friend or relative. Almighty Allah takes responsibility of secrets and will relieve you of your responsibility if you decide a case on the basis of evidence and proof.

9. “And beware of showing anger, getting annoyed and upset, hurting people and shying away from deciding a case. Do not forget that adjudication with justice and truth will entitle you to some great reward from the Almighty in this world and the hereafter as the one who makes his intentions pure regarding what is between him and other human beings. But whoever presents himself falsely to others, pretending to be what he is not in Divine knowledge, then Allah will surely disgrace and dishonour him, because Allah never accepts any act from His servants except that which is done purely for Him.”

Hazrat Umar (RA) took extreme care in the selection of judges and those chosen were of the best character and most knowledgeable in the whole Islamic world. He also organised tests for them. Even though judges were appointed by the governors in their respective domains, Hazrat Umar (RA) still used to personally meet them and approve their appointments on the basis of their knowledge and experience. Besides, he also personally appeared before judges many times in disputes, in order to ascertain their competence and neutrality.
Reply With Quote
The Following 4 Users Say Thank You to AZKAFATIMA For This Useful Post:
neversaynever (Monday, May 25, 2015), pisceankhan (Monday, July 06, 2015), QamarAdeel (Sunday, May 31, 2015), sunnnat (Monday, May 25, 2015)