A-1: CORE PRINCIPLES OF THE JUDICIAL SYSTEM IN AN ISLAMIC STATE.

المبادئ الأساسية لنظام العدل في دولة إسلامية

Authors

  • Misbahullah Abdulbaqi Academic member (Faculty of Sharia and Law and postgraduate (Master's) studies) Salam University, Kabul.
  • Yazdan Ali Rasakh Academic member (Faculty of Law and Political science), Salam University, Kabul.
  • Abdul Malik Saqib Academic member (Faculty of Sharia and Law) Salam University, Kabul.

DOI:

https://doi.org/10.47720/hi.2024.0802a01

Keywords:

Justice, Legislation, Judicial System, Characteristics of Just Judiciary, Enforcement of rulings.

Abstract

Justice is the most significant human and Islamic value, and there is a consensus among scholars on the necessity of establishing a system of justice within societies. The domains of justice are diverse, but this paper focuses on ‘justice in governance and the judiciary.’ Justice, as a principle, is an absolute matter in Islamic religious law. However, the means to achieve justice in society are left to human interpretation and experiences. This paper concludes that if the following three elements are present in a system, it would constitute an ideal system of justice. Conversely, the absence of these elements indicates a deficiency in the system. These elements are as follows:  Firstly, the existence of fair and comprehensive legislation and laws: To establish an ideal system of justice, it is imperative to formulate legitimate legislation and laws. All legislation should be based on the divine law of Almighty Allah (Islamic Sharia) and should encompass all aspects of life, ensuring that no area is devoid of legislation and laws. Secondly, a complete system for issuing fair judgment: This requires the completion of the administrative system for the judiciary, through the appointment of judges, courts, the advocacy system, the fatwa system, the judicial consultation system, and everything that this system requires from branches in the administrative field and the organization of judicial matters, along with all the characteristics that this system necessitates.  The third element is the availability of guarantees for the execution of the judiciary’s rulings: If the legislation is fair and based on the law of Allah Almighty, and the judgment is issued correctly and fairly, but the judgment does not find its way to application, then justice will not be achieved. Hence, this element is one of the most essential elements of the judicial system in any country or political entity. To achieve this, the state must provide the guarantee in its constitution for the enforcement of judicial definitive decisions in all situations as intended by the judiciary, and that the state considers maintaining the dignity of the judiciary in all its decisions. If these elements are available in a system of judicial systems, then that system is the judicial system that Islam desires.

Published

2024-05-15

How to Cite

Abdulbaqi, M., Rasakh, Y. A., & Saqib, A. M. (2024). A-1: CORE PRINCIPLES OF THE JUDICIAL SYSTEM IN AN ISLAMIC STATE.: المبادئ الأساسية لنظام العدل في دولة إسلامية. Habibia Islamicus (The International Journal of Arabic and Islamic Research), 8(2), 1-28. https://doi.org/10.47720/hi.2024.0802a01