Islamic Justice System in the Courts of Qᾱḍῑs

Abstract

For maintenance of internal peace, strong judicial system is required in every state. The judicial system is always responsible to decide the issues between the parties on the basis of law enforced. Judicial system was also recognized by Islam. All of the messengers were entrusted to decide the cases of the people on the basis of justice and equality between the subjects. The laws are fixed in Islam and that are Qurᾱn and Sunnah. The Islamic Judicial system is simple, the procedure prescribed by Islamic laws is easier and simple and a matter may be decided in a short time without falling into the technicalities. The simple procedure to present claim/suit, to hear other party, to require the parties to produce evidence in support of their respective contention and pass judgment/ to decide a case. This procedure could hardly take a couple of days. The judicial system of Islam is inexpensive because no money is required, no fee of the lawyers or court fee is required but the party will present claim and he will produce his witnesses/ evidence. Besides that the Islamic judicial system ensure complete equality between the parties as Qᾱḍῑ is deciding cases on the basis of divine law of Qurᾱn and similarly he is entrusted to decide on the basis of sunnah/ ahadith of the Holy prophet SWA being proved as symbol of justice. In the Islamic judicial system, Qᾱḍῑ is fully authorize to use his own senses by following the principles of ijthihᾱd where there arise a difficulty but even in ijthihᾱd he will follow Qurᾱn and sunnah and will deduce the matter from the holy Qurᾱn and sunnah. The judiciary was made separate from exceutive at the time of Ḥaḍrat ‘‘Umar R.A in order to make the judiciary fully independent and concentrated in the delivery of Justice. In the present paper the author has tried to point out the Islamic judicial system effective in the delivery of inexpensive and complete justice.