Man is a social being by nature. He cannot live
perpetually on his own, completely independent of others. People are
interdependent. Consequently, friction arise between them when their personal
interests come into conflict with each other, or when what they perceive as
their individual rights infringe upon those of others. Conflicts between them
inevitably break out. In some cases, one party to the conflict might be strong
and aggressive while the other is weak and condescending, incapable of
defending his rights.
Because of this, it becomes necessary for there to be a
way to prevent people from oppressing one another, to ensure that the weaker
members of society receive justice, and to determine right from wrong when
issues get complicated or uncertain. This can only be realized through a judge
that has the power to give legal verdicts in cases of dispute.
For this reason, we find that the existence of a judge
is considered by Islamic law and the laws of all the other revealed religions
to be both a religious obligation and a necessity of human life. God says:
“We have sent Messengers with clear proofs, and sent down with
them the Scripture and the Balance that mankind can establish justice…” (Quran 57:25)
Islam – the religion that God wants for mankind from the
time that He sent Muhammad, may the mercy and blessings of God be upon him
until the Day of Judgment – shows great concern for the judicial system and
those appointed to carry out its responsibilities. Islam prescribes for it
many legal injunctions. How else could it be, when Islam is the religion of
mercy, equality, and justice? It is the religion that comes to free people
from worshipping Creation and bring them to the worship of God. It is the
religion that comes to remove people from oppression and iniquity and bring
them to the highest degree of justice and freedom.
God’s Messenger was the greatest of judges. He used to
act in the capacity of judge in the city of Medina, which was the first Islamic
state. He used to appoint people to be judges in other cities. Among these
were `Utâb b. Asyad who was sent to Mecca, Ali b. Abu Talib and Muadh b. Jabal,
both of whom were sent to Yemen.
In the era of the Rightly Guided Caliphs, the head of
state continued to be the one to appoint judges, govern their affairs, protect
their independence, and keep the governors and political appointees – and even
the Caliphs – subject to the judges’ verdicts. Umar b. al-Khattaab, the second
Caliph, was the first person to make the judge an independent entity, distinct
from the Caliph and the governors.
In this way, the judicial system continued to evolve
throughout the early Islamic era, during the Umayyad era, and well into the
Abbasid era. The office of Chief Justice came into being at this time. The
Chief Justice became responsible for appointing and removing judges. He was
responsible for supervising their behavior and monitoring their performance. The
first person to be appointed to this post was the justice Abu Yusuf, the
student of the great jurist Abu Haneefah (may God have mercy on them both). Thereafter,
this office became widespread throughout the Muslim lands. It continued to
exist up to the fall of the Ottoman Empire.
The names of many just judges have been preserved in
Islamic History. Their names have become like synonyms for justice and
integrity. Many pages in the history books are devoted to the lives and
careers of eminent judges like Iyâs b. Muawiyah, Shurayh b. Abdallah, al-`Izz
b. `Abd al-Salam and others who applied the teachings of Islam in the best
possible manner. They give us a living example of how a Muslim judge is
supposed to conduct himself.
We should mention, since we are discussing the Islamic
judicial system, that Islam sets down broad guidelines and basic principles
concerning the affairs of life and rarely concerns itself with the particular
details of life. This is so these guidelines can stay relevant for every time
and place. One of these guidelines is that establishing justice among people
is an obligation that has to be carried out. As for the manner of achieving
this objective, this has not been detailed by the sacred texts. This has been
left for the people of each generation to deal with in a way most suited to
their unique set of circumstances. The only condition is that whatever methods
are chosen must not run contrary to Islamic Law.
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