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Man is a social being by nature.\u00a0 He cannot live perpetually on his own, completely independent of others.\u00a0 People are interdependent.\u00a0 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.\u00a0 Conflicts between them inevitably break out.\u00a0 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. <\/span><\/span><\/span><\/p>\n 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.\u00a0 This can only be realized through a judge that has the power to give legal verdicts in cases of dispute.<\/span><\/span><\/span><\/p>\n 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.\u00a0 God says:<\/span><\/span><\/span><\/p>\n \u201cWe have sent Messengers with clear proofs, and sent down with them the Scripture and the Balance that mankind can establish justice\u2026\u201d (Quran 57:25)<\/span><\/span><\/span><\/strong><\/p>\n Islam \u2013 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 \u2013 shows great concern for the judicial system and those appointed to carry out its responsibilities.\u00a0 Islam prescribes for it many legal injunctions.\u00a0 How else could it be, when Islam is the religion of mercy, equality, and justice? \u00a0It is the religion that comes to free people from worshipping Creation and bring them to the worship of God.\u00a0 It is the religion that comes to remove people from oppression and iniquity and bring them to the highest degree of justice and freedom.<\/span><\/span><\/span><\/p>\n God\u2019s Messenger was the greatest of judges.\u00a0 He used to act in the capacity of judge in the city of Medina, which was the first Islamic state.\u00a0 He used to appoint people to be judges in other cities.\u00a0 Among these were `Ut\u00e2b b. Asyad who was sent to Mecca, Ali b. Abu Talib and Muadh b. Jabal, both of whom were sent to Yemen.<\/span><\/span><\/span><\/p>\n 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 \u2013 and even the Caliphs \u2013 subject to the judges\u2019 verdicts.\u00a0 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.<\/span><\/span><\/span><\/p>\n In this way, the judicial system continued to evolve throughout the early Islamic era, during the Umayyad era, and well into the Abbasid era.\u00a0 The office of Chief Justice came into being at this time.\u00a0 The Chief Justice became responsible for appointing and removing judges.\u00a0 He was responsible for supervising their behavior and monitoring their performance.\u00a0 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).\u00a0 Thereafter, this office became widespread throughout the Muslim lands.\u00a0 It continued to exist up to the fall of the Ottoman Empire.<\/span><\/span><\/span><\/p>\n The names of many just judges have been preserved in Islamic History.\u00a0 Their names have become like synonyms for justice and integrity.\u00a0 Many pages in the history books are devoted to the lives and careers of eminent judges like Iy\u00e2s b. Muawiyah, Shurayh b. Abdallah, al-`Izz b. `Abd al-Salam and others who applied the teachings of Islam in the best possible manner.\u00a0 They give us a living example of how a Muslim judge is supposed to conduct himself.<\/span><\/span><\/span><\/p>\n 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.\u00a0 This is so these guidelines can stay relevant for every time and place.\u00a0 One of these guidelines is that establishing justice among people is an obligation that has to be carried out.\u00a0 As for the manner of achieving this objective, this has not been detailed by the sacred texts.\u00a0 This has been left for the people of each generation to deal with in a way most suited to their unique set of circumstances.\u00a0 The only condition is that whatever methods are chosen must not run contrary to Islamic Law.<\/span><\/span><\/span><\/p>\n Ref. www.islamreligion.com \u00a0 \u00a0 \u00a0 \u00a0 Man is a social being by nature.\u00a0 He cannot live perpetually on his own, completely independent of others.\u00a0 People are interdependent.\u00a0 Consequently, friction arise between them… <\/p>\n","protected":false},"author":11,"featured_media":1410,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-1411","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-truth-of-islam"],"yoast_head":"\n
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