ISLAMIC CONSTITUTIONAL

LAW: SL 2102
 JUSTICE ADMINISTRATION
 Justice maintenance is one of the primary goals of Shariah. Allah
never revealed His laws to mankind except with the purpose of
maintaining justice.
 Every person is entitled to be treated justly without discrimination
of any kind.
 The Qur-an categorically insists on equality of all human beings
irrespective of gender, nationality, or tribe. Indeed the best ones
amongst the people is the one who is the most pious before Allah
(Surat Al-Hujurat:13).
• In light of that, the Qur-an commands Muslims to maintain justice
at all costs. Allah says “O you who believe! stand out firmly as just
witnesses; and let not the enmity and hatred make you avoid
justice. Be just: that is nearer to piety; and fear Allah, verily Allah
is well-acquainted with what you do”. (5:8).
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Again, He says;
“O you who believe! Stand out firmly for justice, as witnesses to
Allah, even though it be against yourselves, or your parents, or
your kin, be he rich or poor, Allah is a better protector to both (than
you). So follow not the lusts (of your hearts),lest you avoid justice;
and if you distort witness or refuse to give it, verily, Allah is Ever
Well-Acquainted with what you do.” (An-Nisaa: 135 )
“Verily! Allah commands that you should render back the trusts to
those to whom they are due; and that when you judge between
men, you judge with justice…” (An-Nisaa: 58).
 THE JUDICIAL INSTITUTION
Even though the duty to maintain justice is imposed to every
person, yet its effective realization may only be possible with state
support.
Such support is reflected on the authority given to the judiciary to
ensure the protection of people’s rights.
The judiciary is the organ responsible for interpretation and
implementation of Shariah (the responsible personnel are; the
judges/Qadi)
 QUALIFICATIONS OF A QADI

• Male
• Puberty
• Free man
• Muslim
• Just character
• Sound hearing and sight
• Competent in laws of shariah (Qur-an, sunnah of the Prophet,
ijmaa and qiyas).
The Prophet soon after appointed Muadh as Qadi of Yemen, he
asked him, what will be the basis of his decision? The answer was
the Qur-an. Then he asked, what if the Qur-an provides no answer?
He said, the answer shall be provided in the sunnah. Then The
Prophet asked, what if the Sunnah is also silent? He replied by
saying that, his intellect shall be applied when deciding the matter
before him. Then the Prophet praised him for that.
 APPOINTMENT OF JUDGES

Under the Islamic system of governance, judges may be appointed

either orally or in writing form.
 The appointment may be made by the head of state as prescribed in
the law
 For the contract of appointment to be effective, it must be accepted
by the person who has been appointed.
 RESPONSIBILITIES OF
JUDGES
The first and foremost responsibility of a judge/Qadi is to
discharge all his duties by complying to the principles of justice as
enshrined in the Shariah.
Other specific duties include;
• Settling disputes between two litigants;- he has to listen and to
analyse carefully evidence of both parties before pronouncing his
judgment.
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• This goes in line with the Prophet’s instruction to Ally that, never
judge any case by listening only one side. Supervising the
execution of his judgment
• Supervising the execution of wills
• Monitoring the waqf institution
• Effecting marriage of women with no walii (guardians)
• Applying hudud punishment to the criminals