Darul-Qadha’a During the Rightly Guided Khulafa

Source: Muslim Sunrise

By Dr. Muhammad Zafar Iqbal, Buffalo, NY

Through out the known human history the root cause of decay and degradation of civilizations. No society can make any progress without prevalence of justice and peace. A common tenet of the missions of all messengers of God has been to create a just society. Islamic teaching on justice system stands out among teachings of other different faiths. There are several verses of the Holy Qur’an as well as a hadith of Holy Prophet (sa) on the subject matter.

Hazrat Abu Bakr (ra)

Hazrat Abu Bakr (ra) was very particular that due justice should be done to all the members of the community without fear or favor according to the injunctions of Islam. At the time of the assumption of office as Caliph he declared:

The weak among you shall be strong with me till God willing his rights have been vindicated and the strong among you shall be weak with me till, if the Lord wills, I have taken what is due from him.

Hazrat Abu Bakr (ra) strictly followed this policy and administered evenhanded justice. As a result of this policy, a society came to be established in Medina, which was practically litigation free (1). He followed the example of the Holy Prophet Muhammad (sa) and always consulted the companions in important matters.

Hazrat Umar bin al-Khattab (ra)

Hazrat Umar (ra) took particular pains to provide effective and speedy justice for the people. He set up an effective system of judicial administration. Justice was administered
according to the principles of Islam. Qadis (judges) were appointed at all administrative levels. Hazrat Umar was the first ruler in history to separate judiciary from the
executive. The Qadis were chosen for their integrity and knowledge of Islamic law. High salaries were fixed for the Qadis so that there was no temptation for bribery.
Wealthy men of high social status were appointed as Qadis so that they may not have the temptation to take bribes, or be influenced by the social position of anybody.

The Qadis were not allowed to engage in trade. Judges were appointed in sucient number, and there was no District which did not have one.

Hazrat Umar (ra) issued ‘Farmans’ from time to time laying down the principles for the administration of justice. In one of the Farmans issued to Judicial Ocers, he laid
down the following principles:

Praise be to God. Verily justice is an important obligation to God and man. You have been charged with this responsibility. Discharge the responsibility so that you may win the approbation of God and the goodwill of the people. Treat the people equally in your presence, in your company, and in your decisions, so that the weak despair not of justice and the high-placed have no hope of your favor. The onus of proof lies on the plaintiff. He who denies must do so on oath. Compromise is permissible, provided it does not turn the unlawful into lawful, and the lawful into unlawful. Let nothing prevent you from changing your previous decision if after consideration you feel that the previous decision was incorrect.

When you are in doubt on a question andfind nothing about it in the Qur’an or in the Sunnah of the Prophet, think over the question over and over again. Ponder over the precedents and analogous cases, and then decide by analogy. A term should be fixed for the person who wants to produce witnesses. If he proves his case, get him his right. Otherwise, the suit should be dismissed.

All Muslims are reliable, except those who have been punished with flogging, or who have borne false witness or are doubtful in integrity.

Read the article further: Muslim Sunrise – Fall 2017

Categories: The Muslim Times

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