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Assignment

Submitted to:- Dr. Zulfiqar Ali

Submitted by:- Mujeeb ur rehman

Subject:- Islamic Procedural Law

Topic:- Concept of Qada′ (Judiciary System in Islam)

Faculty:- Shariah and Law

Program:- LLB (E)

Section :- “D” roll no# “3353”

INTERNATIONAL ISLAMIC UNIVERSITY

ISLAMABAD
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Outline:
1. Introduction
2. Literal meaning
3. Islamic jurisprudential meaning
4. Importance of qada (Islamic judicial system)
5. Various characteristics of qada
6. Obligatory characteristics of qada
7. Wisdom behind the establishment of qada

INTRODUCTION:
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Man is a social being by nature. He cannot live perpetually on his own,

completely independent of others. People are interdependent. Consequently,
friction arise 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. Conflicts 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 cases 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. God says:

“We have sent Messengers with clear proofs, and sent down with them the
Scripture and the Balance that mankind can establish justice…” (Quran
57:25)
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LITERAL MEANING:

 To complete
 To fulfill
 To solve
 To compel
 To decide all the matters which have been ordained and
 To order

ISLAMIC JURISPRUDENCIAL MEANING:

The 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 Quran and
Sunnah.

All of the Messengers of God (peace be upon them) acted as judges. God
says:

“And remember David and Solomon, when they gave judgment concerning
the field when people’s sheep had browsed therein at night, and We were
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witness to their judgment. And We made Solomon to understand the case.

And to each of them We gave good judgment and knowledge.” (Quran 21:78-
79).

IMPORTANCE ISLAMICE JUDICIAL SYSTEM:

There are two ways in which justice operates: in a legal sense and in a divine
sense. Regarding justice in the legal sense, the Qur’an tells Muslims not only
how to conduct themselves, but is also highly important regarding
relationships with other people. It states what the various punishments for
certain crimes should be along with the justification behind this reasoning.
Furthermore, the Qur’an brings across the idea that anyone who propagates
the message of justice and acts accordingly will be justly rewarded with their
place in jannah. With regard to divine justice, there has been a discourse
between many commentators debating how justice will be fulfilled for
different people, although all agree that Allah shall not do any injustice.[1] It
is debated as to how justice regarding non-Muslims functions.

Islam, considers justice to be a supreme virtue. It is a basic objectives of

islam to the degree that it stands next in order of priority to belief in GOD
and prophet-hood.
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“O you who believe, be upright for GOD, and(be) bearers of witness with
justice.

The whole universe is also created on the base on justice, Allah has created
the balance of justice in this world.This is his divine law. We are not
permitted to transgressagainst the system of balance that Allah has created.
ALLAH has commanded us to eatiblish weight with justice and ordered us to
refrain from falling short in keeping this balance.

VARIOUS CHARACTORS OF AL QADA:

Justice can not achieved until the following principles are not built on;

 Laws that defines a crime.

 Laws of investigation.
 Laws related to witnesses and conviction.
 Punishing the guilty as much as he deserve.
 Laws related to forgiveness of the criminal.
 Legal immunity.
 I dependence of judiciary.
 Qualifications of judges.

OBLIGATORY CHARACTORS OF AL QADA:

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The jurists agree that the duties of the judge are an obligation that must be
carried out by society. If some members of 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 Quran:

O you who believe! Stand out firmly for justice.

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. Ahmad 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.
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Consequently, their appointment is obligatory on the basis of the following

juristic principle: “Whatever is needed for a legal obligation to be carried out
is also obligatory.”

This is the general ruling regarding the judiciary. On the individual level, the
ruling may differ, depending on the individual’s circumstances. It is
obligatory for a person who is capable of performing these duties to do so
when there is no one else available who is qualified. It is disliked for a
qualified person to take the post, if someone else is available who is more
qualified to do so. It is forbidden for a person to take the post if he realizes he
is not capable of doing so or because he knows that he is easily tempted to be
unjust. If a person is one of a number of equally qualified candidates, then it
is permissible for him to assume the post of judge or to decline it.

The great jurist, Mâlik, was asked: “Can a man be forced to accept the post of
judge?”

He answered: “Yes, if there is no one else to fill the post.”

He was then asked: “Even if this means beating him or imprisoning him?”

Mâlik replied: “Yes.”

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thus it is fallen in the domain of Fardkafiya collective obligation , which

means if an individual from the society fulfills the rest as collective
popoulation is not liable for the punishment.

WISDOME BEHINDE THE ESTIBLISHMENT QADA:

(i) Status of Judge in Islam is very important. His status comes after
Prophet-hood. He is bound to decide matters without any prejudice.
Therefore Allah likes those who decides with just.

(ii) The main theme of system of Qada is to resolve the disputes among
the people according to Islamic Law.

(iii) Another one is to apprise people of their obligation towards their Lord
and to society.

THE END