Nature and Tends of Islamic Judicial System: A Comparative study

Abstract

Man is a social being by nature.  He cannot live perpetually on his own completely independent of others. People are independent.  Consequently, fiction arises 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. Conflict between them inevitably break out. 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. 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. This can only be realized through a judge that has the power to give legal verdicts in case of dispute. 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. The Islamic laws that confirmed the will of God can ensure justice for humanity, which is absolutely impossible by secular and man-made law. Allah says: The command (or the judgment) is for none but Allah” (Quranul karim, Sura Yousuf, 12:40)1

There has been some propaganda by the western society that punishment in Islamic penal code is one kind of cruelty for humanity, such comment to make because of their ignorance about Islamic Law. Islam- 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-shows great concern for the judicial system and those appointed to carry out its responsibilities. Islam prescribes for it many legal injunctions. How else could it be, when Islam is the religion of mercy, equality, and justice? It is the religion that comes to free people from worshipping creation and bring them to the worship of God. It is the religion that comes to remove people from oppression and inequity and bring them to the highest degree of justice and freedom.