How Does the Islamic Judicial System work?

on Friday, June 22, 2012

All of us have been created as humans and we are not far from being. All of us depend upon in one or other way on each other. No one in the world can stand alone. As people are independent so conflict arise when the personal interests come or when they think their rights as individual are infringe upon others. Well these conflicts sometimes aggravate to high levels. Sometimes it happens that one party is strong while the other is quite weak not able to define even its basic rights although right. And the strong one may get the benefit.

To solve such and other problems system of judiciary was introduced. As it was and is necessary to main discipline in the society and to prevent superimposition of wrong on the right. For this very reason judicial systems were established in Islam. In the past that is in times caliph the head of the very state was the one who used to appoint the judge on the basis of criteria defined in Islam to govern and maintain their affairs; for protection of the their independence and these also appoint the political and the governors. Also the caliphs were subject to the verdicts of these judges.

The criteria for appointment of judges has been defined in Islam and also the laws regarding Islamic judicial system are also define din Islam. Hence the sources of the laws of judicial system are Quran and Sunnah. However we have these two authentic sources with details in all aspects. But there occur lots of problems regarding understanding of these two and that create lots of differences in governing of laws. The basic problem is the difference of language. That is the Quran and Sunnah is in Arabic language. There are scholars who have command on the language but still others need to learn Arabic language so that they can also understand what is written and said in Quran and Shunnah. It is not difficult to learn Arabic as it is being taught in each Muslim academy. It is not necessary to learn Muslim language that is Arabic but it help you develop much better understanding as all the available Islamic literature is written in Arabic.

Lots of researches have been done in order to know about the judicial system of Islam and its benefits. There are many countries including non Muslim countries also that are implementing Islamic laws owing to their benefits. Many people have study and learn Islam and also have study and learn Muslim culture just because of the very beneficial effects on in human life.

Besides Quran and Sunnah, Fiqh or Islamic jurisprudence is another primary source for interpretation of Islamic laws. Fiqh again depends on four major things that are: understanding of Quran; understanding of Sunnah; Ijma i.e. collective reasoning and Ijtihad i.e. individual reasoning.

Hence there are lots of details available in Islam in this regard and to understand these thorough learning is required. If implemented Islamic judicial systems is the best to attain discipline in the society and will bring equity for all.



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