The basis of the justice system is the Qura'n, Sunnah and unanimity of scholars. It is important to appoint judges to settle disputes which earn great reward from God because it supports rights and combats corruption.
Judging Disputes and Testimonies
The Arabic term qada’ means giving a ruling according to Islam and making it binding on people, so as to settle disputes and end quarrels.[1]
To have a judging authority is a collective duty, which means that if a sufficient number of people undertake it the rest of the community incur no sin. If all of the people who are qualified to undertake it refuse to do so all of the community bear the responsibility, because society cannot function rightly without it. In fact it earns great reward from God, because it supports victims of injustice, sets matters to right, ensures that everyone gets their dues, settles quarrels between people, maintains law and order and combats corruption.
Therefore, the Muslim ruler must appoint judges as the needs of the community dictate, so that people’s rights are secured and injustice is removed. Anyone who takes up such a responsibility and handles it as it should be rightly handled, provided that he is qualified for it, earns rich reward from God. On the other hand, one who is unqualified and takes it nevertheless commits a grave sin.[2]
The basis of the justice system is the Qur’an, the Sunnah and the unanimity of scholars. In the Qur’an Allah says:
‘‘[We said], “O David, indeed We have made you a successor upon the earth, so judge between the people in truth and do not follow [your own] desire, as it will lead you astray from the way of Allah.”’
(38:26)
In the Sunnah, the Prophet (peace be upon him) says:
‘If a judge makes a ruling after he has carefully looked at all aspects, he receives double reward when he makes the right jugement. If he looks carefully at all aspects and gives a wrong ruling, he receives a single reward.’
Related by al-Bukhari, hadith No. 7,352; Muslim, hadith No. 1,716
The Prophet (peace be upon him) himself acted as a judge and appointed judges. His Companions who succeeded him did the same, as did the early Muslim generations. On the other hand, all Muslims agree that it is important to appoint judges to settle disputes between people.
references
- Ibn 'Abidin, Al-Durr al-Mukhtar, vol. 4, p. 309; al-Dardir, Al-Sharh al-Saghir, vol. 4, p. 129.
- Ibn Qudamah, Al-Mughni, vol. 9, p. 34.