Islamic Law in the Syariah Courts

Flashcards on Islamic Law in the Syariah Courts, covering historical background, theoretical perspectives, sources of legitimacy, responsibilities, structure, and types of Qadis.

Al-Qada

The Islamic Judicial Institution.

Early Islamic Judicial System

In the initial period of Islam, the Prophet served as the sole judge, establishing basic principles for administering justice.

Saidina Umar's Judicial Reforms

During Saidina Umar's reign, separation of powers between Governors and Judges was implemented where possible, establishing a three-tier court system in Medina.

Umayyad Caliphate Judicial Practices

During the Umayyad Caliphate, judges were appointed by Caliphs or Governors with wide jurisdiction, and judgments were recorded in writing.

Abbasiyyah Caliphate Judicial Structure

During the Abbasiyyah Caliphate, judges were appointed from qualified jurists, with separation of powers between the Caliphate and judiciary, and the 'Qadi al-qudah' had extensive administrative and judicial powers.

Definition and Purpose of Judiciary in Islam

To allow legitimate judges to provide opinions about divine rules on any situation and enforce them.

Sources of Legitimacy in Islamic Judiciary

Quran, Sunnah.

Framework of the Islamic Judiciary

It is obligatory on every question and issue based upon three concepts: application of Islamic judgment, forbidden to follow any other Shariah other than Islam and any other shariah other than Islam is disbelief (kufr) and falsehood (taghut).

Responsibilities in Islamic Judiciary

Settling disputes, preventing harm to common rights, and resolving arguments between people and the ruling system.

Three types of Qadis

Qadi ‘Aam settles disputes, Qadi Muhtasib handles breaches of law endangering public interest, and Qadi Madhaalim deals with disputes between the people and the state.

Qadi ‘Aam

Settles the disputes between the people, deals with both civil and criminal cases.

Qadi Muhtasib

In charge of looking into and settling any breach of law that may endanger the public interest or property.

Qadi Madhaalim

Deals with disputes between the people and the state.