The Judicial System In Islamic Law

(Nizam Alqada' Fi Alshryet Al'iislamia)

The book, Al-Feh Al-Sheikh in 1403 AH - 1983 AD, is located in (326) pages and has been printed many times,

The Sheikh Says About This Book

The legal rulings learned from the Noble Qur’an and the Sunnah of the Prophet, and from the legally considered sources in these rulings in their entirety, form the Islamic law that governs all affairs of life and regulates the various relationships between people, and decides what individuals and society's rights must be respected, and their obligations that must be fulfilled.

Individuals in the Islamic community are required to implement this Islamic law and stand at its limits and not violate its provisions. The basic principle with regard to this implementation is that it is by consent and choice, not from coercion and coercion, and this is clear and understandable for the Muslim, because he believed in Alahh as the Lord of Islam and in the religion of Muhammad a Prophet and Messenger, and the requirement for faith is to accept the rulings of Islam and implement them willingly and willingly, and as for the non-Muslim who is in the House of Islam Of the dhimmi or trustee, the implementation of the Islamic law to the extent that pertains to it and relates to it, and it should also be a voluntary implementation, because the dhimmi and the trustee have adhered to the rulings of Islam by choosing them, this is based on temporary security as long as he is in the abode of Islam, according to the dhimma contract.

Implementing Islamic law, standing at its limits and not violating it, respecting the rights that it has proven to people, and fulfilling the obligations that were obligated to them. Islam has made it easier for people to know its rulings, as it obligates scholars to teach people the rulings of Islamic law, and instructs the rulers of affairs to spread Islam and clarify its meanings and rulings, find scholars and muftis and search them throughout the country for education and fatwas, and it obligates those who do not know the rulings of Islam that pertain to them to ask about them whoever knows them. The Almighty said:

(فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ)

(So ask the people of Remembrance if you do not know).

The task of scholars and muftis is to inform people of the beginning of the rulings of Islam and inform them of them if they ask them about it. This makes it easier for people to implement the rulings of Islam, and it is hoped that they will not violate them. If this hope is not fulfilled and individuals are reluctant to implement the rulings of Islam, or they do not implement them, and they transgress the rights of others and do not respect them, then the Islamic state must compel them to stand at the limits of Islamic law and not violate the rights of others, otherwise it will punish them with the Sharia punishment they deserve, and whoever It does so by obliging individuals to respect the rights of others and punishing them for violating the rulings of Islam in the name of the Islamic state, which is the authority of the judiciary. Or someone else to implement it, but leave him to execute it by his own choosing, as for the judge, he informs about the Sharia ruling and obliges those who are related to this judgment to implement it, or the judge orders whoever executes it against him, even if by force.

Is The Judiciary Necessary For People ?

We may ask here: Is the judiciary necessary for people? Or at least do people need it? Answer: Yes, of course. Therefore, society has never been devoid of a side that decides between people in any way in terms of governance and judiciary. The reason for this is (that injustice is in nature, there must be a ruler who does justice to the oppressed from the oppressor).

It may be said that Islam refines souls, fills hearts with fear of Alahh, and compels the Muslim to obey Alahh and not violate his law, so that he does not violate the rights of others, but does justice to them from himself, so does the need for justice still exist for the Islamic community and the answer is certainly yes, and because the Muslim remains infallible Falling into disobedience and violating Islamic law, regardless of the depth of his faith and the purity of his Islam, even if the probability of disobeying him is small and the occurrence of sin and contravention from him is rare. Proof of this is that the Muslim community in the era of the Holy Prophet ﷺ ,hich is good for Islamic societies at all, which occurred violations of Islamic law, and therefore the Prophet began ﷺ eliminate himself, and otherwise other outside the city, he sent ﷺ Ali bin Abi Talib, may Allah be pleased with him to Yemen judge And Moaz bin Jabal also sent a judge to Yemen, and Utab bin Usayd sent a judge to Mecca.

Is There A System Of Justice In Islamic Law ?

If the judiciary is something that people need in every society, then Islamic Sharia has not overlooked it. Rather, the provisions necessary to create its institutions and components were enacted, and the necessary conditions for whoever assumes his powers have been clarified as well as the principles of the judiciary, its procedures, controls, rules, and other matters related to the judiciary, and all these are What we call (the judicial system in Islamic law).

Research Methodology

The judicial system in Islamic law is based on a set of pillars and pillars, as it requires the presence of someone who settles disputes and settles disputes. This is the judge, and he is the first pillar of the Islamic judicial system.

The judge will only settle the litigation if the parties concerned bring it to him with a specific case, and he shall consider it according to the rules of hearing the case and the means of proving it. The case, the principles of its hearing, and the means of proving it are the second pillar of the Islamic judicial system.

And the judge, after reviewing the case, issues his judgment in it to settle the dispute and the litigation. Judgment is the third pillar of the Islamic judicial system.

And resolving disputes between people may be through arbitration, the mandate of grievances, or the calculation. Arbitration, the mandate of grievances, and accountability are among the pillars of the Islamic justice system and its important aspects.

Based on the foregoing, the research method will be based on allocating a chapter separately for each of the pillars and pillars of the judicial system in Islamic law, with an introductory chapter to define the judiciary and explain its ruling and wisdom as follows with a conclusion to the book:

Introductory Section

Defining the judiciary and explaining its judgment and wisdom

   The First Chapter

         The Judge

   The Second Chapter

         The lawsuit, its hearing procedures and means of proof

   Chapter Three

         Judgment

   Chapter IV

         Arbitration

   Chapter Five

         Grievances mandate

   Chapter Six

         Hisbah