IIThe judicial system in Islam is a system for deciding between people in litigation with the aim of settling their disputes in accordance with the injunctions of the Divine Law, injunctions that are taken from the Qur'an and Sunnah. The Messengers of God (may God bless them all) acted as judges. God says: “And (remember) Dawud (David) and Sulaiman (Solomon), when they gave judgment in the case of the field in which the sheep of certain people had pastured at night, and We were witness to their judgment. And We made Sulaiman (Solomon) to understand (the case), and to each of them We gave Hukm (right judgment of the affairs and Prophethood) and knowledge.” (Quran 21:78-79) God also says: “O Dawud (David)! Verily! We have placed you as a successor on earth, so judge you between men in truth (and justice) and follow not your desire for it will mislead you from the Path of Allah. Verily! those who wander astray from the Path of Allah (shall) have a severe torment, because they forgot the Day of Reckoning.” (Quran 38:26) Prophet Muhammad (peace be upon him), who came with the final and eternal Message, was ordered by God to pass judgments in disputes just as he was ordered to spread the word of God and call people to Islam. This is mentioned in the Qur'an at a number of places. God says: “And so judge (you O Muhammad SAW) among them by what Allah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad SAW) far away from some of that which Allah has sent down to you. And if they turn away, then know that Allah's Will is to punish them for some sins of theirs. And truly, most of men are Fasiqun (rebellious and disobedient to Allah).” (Quran 5:49) and also: “(They like to) listen to falsehood, to devour anything forbidden. So if they come to you (O Muhammad SAW), either judge between them, or turn away from them. If you turn away from them, they cannot hurt you in the least. And if you judge, judge with justice between them. Verily, Allah loves those who act justly.” (Quran 5:42) The Sunnah also provides for the legal basis of the Islamic judicial system. It is related by Amr Bin Al-Aas that the Prophet (peace be upon him) said: “If a judge gives a judgment using his best judgment and is correct, then he receives a double reward (from God). If he uses his best judgment but makes a mistake, then he receives a single reward.” (Ahmed) God's Messenger (peace be upon him) is also recorded to have said: “You should not wish to be like other people, except in two cases: a man who God has given wealth and he spends it on Truth and another who God has granted wisdom and he gives verdicts on its basis and teaches others.” (Saheeh Al-Bukhari, Saheeh Muslim) Many scholars have related that there is consensus among Muslims on the legal status of the judicial system in Islam. Ibn Qudamah says: “The Muslims unanimously agree that a judicial system must be established for the people.” Islamic ruling concerning judiciary The jurists agree that the duties of the judge are an obligation that must be carried out by society. If some members of the society carry out this duty, it is sufficient for everyone. If, on the other hand, everyone neglects it, then everyone in society is sinful. The proof that these duties are obligatory comes from the Qur'an: “O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a Better Protector to both (than you) ...” (4:135) It is only necessary for a small number of individuals to perform judicial duties since judicial concerns come under the broad duty of enjoining what is right and forbidding what is wrong. It is not obligatory for every individual to carry out this duty as long as some people are doing so. The affairs of the people will not be correct and upright without a judicial system. It is, consequently, obligatory for one to exist, just like it is necessary to have a military. Imam Ahmad, one of the greatest scholars of Islam said: “People have to have a judicial authority or their rights will disappear.” The duties of the judiciary include enjoining what is right, helping the oppressed, securing people's rights, and keeping oppressive behavior in check. None of these duties can be performed without the appointment of a judiciary. A judicial system is a necessity for the prosperity and development of nations. It is needed to secure human happiness, protect the rights of the oppressed, and restrain the oppressor. It is the way to resolve disputes and ensure human rights. It facilitates enjoining what is right, forbidding what is wrong, and curbing immoral behavior. In this way, a just social order can be enjoyed by all sections of the society, and every individual can feel secure in his life, property, honor, and liberty. In this environment, nations can progress and civilization can be achieved. Concluded
