Tue03192024

Last updateSun, 20 Aug 2023 9pm

Back You are here: Home Library Islam Philosophy of Islam chapter 18 - Sources of Cannon Law Administration of Justice in Islam

Administration of Justice in Islam

Administration of Justice in Islam

In the social system of Islam utmost importance has been given to arbitration, to an arbiter and to their role in the security of society.

Islam considers it to be a part of faith to refer a dispute to a competent arbiter. A person who has a legal dispute should try to settle it by negotiation, and if a result is not obtained this way, he should refer it to an arbiter, competent in accordance with Islamic standards. Whatever judgement is given by the arbiter, should be accepted unconditionally.

In this respect the Qur'an says:

"By your Lord! (the fact is) that they will not be true believers until they make you judge in what is in dispute between them and then do not find in themselves any dislike o f what you decide, and submit (to your judge­ ment) without reservation ". (Surah al‑Nisa, 4:65).

In an Islamic society the judicial and executive systems should be at the service of those whose rights have been violated.

"Allah does not favour a society with virtuousness and purity in which there is no arrangement for defending the rights of the weak against the strong". (Mustadrak, vol. 2).

Who is fit to hold the position of an arbiter?

Soundness of arbitration mostly depends on the fitness of the arbiter. The Commander of the Faithful, Imam Ali wrote to Malik al Ashtar as under:

"Select, as your chief judge from the people, one who is by far the best among them ‑ one who is not obsessed with domestic worries, one who cannot be intimidated, one who does not err too often, one who does not turn back from the right path once he finds it, one who is not self‑centered or avaricious, one who will not decide before knowing the full facts, one who will weigh with care every attendant doubt and pronounce a clear verdict. after taking everything into full consideration, one who will not grow restive over the arguments of advocates and who will examine with patience every new disclosure of fact and who will be strictly impartial in his decision, one whom flattery cannot mislead, one who does not exult over his position. But such people are scarce".

Heavy responsibilities of a judge

A judge must realize that in reality he is a refuge for the people against every injustice and excess. If he does not feel that he is competent to hold this position, he must not accept it. Otherwise he will be a source of trouble to him­self as well as to others.

Addressing Justice Shurayh, Imam Ali (P) said:

"Shurayh! you are occupying a seat which should be occupied by a Prophet or his nominee. Otherwise it is a seat of a wretched man". (Wasail al-Shi’ah, vol. 18 p. 7).

Imam Ja'far ibn Muhammad al Sadiq (P) is reported to have said:

"Avoid being a judge, for judgeship is a position which should be held only by a person who knows how to administer justice and whose judgements are impartial. Such a person can only be either a prophet or his nominee ". (Wasail al-Shi’ah, vol. 18, p. 7).

Adherence to the Divine law

A judge must pronounce his judgement in accordance with the Divine law which covers all aspects of justice. Anyone who pronounces judgement in accordance with any other law not conforming to the Divine law and based on personal or class interests, is a deviator and a sinner.

"Those who do not judge in accordance with what Allah has revealed are wicked indeed". (Surah al‑Maidah, 5:47).

Imam Muhammad al Baqir (P) is reported to have said:

"There are two kinds of judgement: Divine and pagan. He who deviates from the Divine judgement, automatically pronounces the pagan one. Anyone who pronounces a judgement contrary to what Allah has commanded, is an unbeliever, though his judgement be in a case involving two dirhams only". (Wasail al-Shi’ah vol. 18 p. 18).

Behaviour towards litigants

Behaviour of a judge towards the litigants should in every respect be the same, even in the way he addresses them and looks at them.

"It is your duty to give the same treatment to both the parties of a case even in the matter of looking at them. You should not look at one party longer than at the other". (Nahj al‑Balaghah)

Independence and Immunity of judiciary

Inthe social system of Islam whenever a heavy duty or duties are placed on the shoulders of anyone, he is allowed to have certain privileges also.

The same general rule applies to the judges also. As a judge has to undertake heavy duties, his position is quite strong. In Islamic society the independence of a judge is truly respected. Even the head of Muslim society should show full respect to the independence of judiciary. Those who have to forego their unlawful gains consequent upon the just judgement of a judge should not be allowed to think that they could shake the confidence of the head of society in a judge or could damage the prestige of the judiciary.

"Protect the position of a judge so that others, specially those who are closer to you, may not be tempted to disturb him. Let him be satisfied that nobody can hatch an intrigue against him. Be very careful in this respect, for this religion was previously in the hands of the wicked who used it for self‑aggrandizement". (Nahj al‑Balaghah).

The judge also has a reciprocal duty. He is strictly for­bidden to accept any gift from the litigants.

"Rufa'ah! Avoid every temptation; supress base desires; do not be dejected and be careful not to accept any bribe". (Epistle of Imam Ali (P) addressed to Rufa'ah, his judge in Ahwaz).

Administration of justice based on such a strong foundation can provide best solution to the disputes of the members of a nation and can be a source of strength for their social ties.

You have no rights to post comments

Find us on Facebook