The Judiciary in the Ruling System Of Islam

The judicial system in Islam is solely based on the Shari'ah. Therefore, this part of The Ruling System of Islam will be based on introducing the Shari'ah of Islam and the process of bringing justice in Islam.

Shari'ah is an Arabic word meaning "path to be followed". Literally it connotes 'the way to a watering place'. It is the Shari'ah which leads humanity to its rightful direction of the worship of its Creator. Shari'ah liberates man from the shackles of man-made ruling systems, to the rightful place of the Sovereignty of Allah. It is through this Shari'ah that man can truly attain the 'best of both worlds'; i.e., peace of mind and tranquillity of heart in this world, and the procurement of Jannah in the Hereafter.

This is the reason why Muslims are obligated by Allah to denounce all other ruling systems and abide by the Truth- the Islamic ruling system. Allah says, -in translation- "We made for you a law, so follow it, and not the fancies of those who have no knowledge." Since humanity, as a limited being with limited powers, is incapable to understand man's true nature, we become bound to observing the commandments of Allah, in order to live under a system which truly leads to our happiness.

The Shari'ah becomes the backbone of a Muslim's life, as an individual and as a member of his society. His every action is based upon the commands of Allah (SWT). The society as a whole governs itself through this Shari'ah. Remaining within the boundaries of Allah's Law is essential. To do otherwise, would lead to the punishment of the individual by Allah, or by the Islamic state (the state is also bound by Allah to punish those who transgress the limits prescribed by Allah).

It is with this in mind that we analyze the judicial system of Islam. It is through this judicial system that the people settle their quarrels, the society is protected from detrimental elements, and disputes are settled between the rulers and the ruled. If we, individually and collectively, are perspicacious in applying this system to our daily affairs we will have truly attained Allah's satisfaction and will have found true Justice. For Allah says, -in translation- "We sent aforetime our Apostles with Clear Signs and sent down with them The Book and The Balance (of right and wrong), that men may stand forth in Justice." We must be mindful of the fact that Justice can not be fully served until and unless Islam is applied in its totality. To do otherwise, would mean leaving parts of Allah's commandments and accepting the rule of man as better able to cope with the issue at hand. This not only leads to the disruption of the society's well-being but is also an acknowledgment that Allah is not truly the Sovereign. We find in the Quran Allah (SWT) saying to the prophet (saaws), -in translation- "But no by thy Lord they can have no (real) faith until they make thee judge in all disputes between them and find in their souls no resistance against thy decisions but accept them with the fullest conviction." The entire Muslim Ummah must live under the Shari'ah to which every member has to submit, with sovereignty belonging to Allah alone.

The responsibility of the application of the Shari'ah rests with the Ummah. This is so because the Quran and Sunnah of the prophet (saaws), the basis upon which Shari'ah itself lies, is given to the entire Ummah. Therefore, the Ummah is collectively responsible for its implementation. Also, we can declare from this that no individual or group may encroach upon this right of the Ummah, by physically snatching it from them. Since this Shari'ah came to the entire Ummah, no one is exempt from its injunctions. Unlike present day systems, the rich and powerful among the Ummah must comply with the Shari'ah as well as the average Muslim. As Allah (SWT) says in the Quran, -in translation-"O you who believe: Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor. For Allah can best protect both. Follow not the lusts (of your hearts), lest you swerve, and if you distort (justice), verily Allah is well-acquainted with what you do."

We must also remember that Justice is administered in the name of Allah, one of whose attributes is al-Adil (the Just). Therefore, no human may claim that his own words are the law of the land. This claim entails that sovereignty no longer belongs to Allah, but to this person. This is a grave sin, punishable by Allah through Jahannum (Hell-Fire).

In general, therefore, every Muslim who has the ability to give sound judgments on matters of Shari'ah may interpret the law of Allah, if an interpretation is called for. These Muslims who extract or expound from the laws of Allah impart the Islamic verdict on the actions they commit, actions others commit, or disputes arising between two parties. As such, they form the body of judges within the Ummah. We notice that the judges do not necessarily have to be produced by an institutionalized body. As a matter of fact, every member of the Ummah is expected to obtain the ability of pronouncing judgments, based on Quran and Sunnah. The Sahaba were not by-products of formal educational centers, in which they obtained degrees to distinguish themselves from others. Rather, all of the Sahaba attained their learning by listening to the Quran, observing the Prophet (saaws) and through the normal interactions with one another, whereby they would exchange the information they possessed regarding an issue. This does not imply that all the Sahaba knew everything about Islam, but as a collective whole they were well aware of all Islamic injunctions. Therefore the individual, within his own capacities, and the governing Islamic state, within its, must aim to achieve the scenario we find in the lives of the Sahaba - their ability to administer justice (both sources, for the administration of justice, are still readily available; i.e., the Quran and Sunnah). As the prophet (saaws) said, -in translation- "I leave two things for you. You will never go astray while holding them firmly. The Book of Allah and the Sunnah of His Prophet."

In the administration of justice, the judge (Qadi) should remain attentive to the Islamic rulings regarding the matter he is about to pronounce judgment upon. He must always remember that if he commits a wrong action, through his verdict, he is not only responsible to the people but, also, to Allah (SWT). For the Qadi, pronouncements of judgments are an immense responsibility, not to be taken lightly. He must refrain from executing judgments based on personal whims, natural human sympathy for the accused, or the influence of the parties concerned. He must exert his utmost in trying to achieve the verdict only through the sources prescribed by Shari'ah. As the Messenger of Allah said, -in translation- "The Qadis (judges) are of three types. One type will go to paradise and the remaining two will end up in the fire of hell. The person who will go to paradise is the one who understood the truth and judged accordingly. The one who judged unjustly after understanding the truth, will go to hell. Likewise, the Qadi who judged in ignorance also will go to hell." To the Qadi, the parties with the dispute are not the criterion for judgment. Rather, it is the facts related to the case, and the Islamic injunctions related to these facts. It is with this in mind, that the Qadi should treat the case of those who are the bourgeois elements of the society. As the prophet (saaws) said, -in translation- "The previous nations were destroyed because they let off persons of high rank and punished the poor and the helpless."

Therefore, it is with the proper utilization of the Shari'ah and his faith in Allah as Sovereign that the Qadi brings justice upon the case presented before him.

Ar-Raya Magazine