أحمد محمد لبن Ahmad.M.Lbn مؤسس ومدير المنتدى
عدد المساهمات : 52575 العمر : 72
| موضوع: The legal system in Islam الثلاثاء 05 ديسمبر 2023, 9:48 am | |
| The legal system in Islam: It is an independent administrative system in the Islamic government aimed at resolving all kinds of legal disputes among the people. Islam is a system that guarantees the rights of the public. The system also ensures the establishment of justice among the people, stops oppression and punishes oppressors. The Islamic system follows the guidelines of Allah (Almighty) and the Sunnah (tradition) of the Prophet (Peace be upon him). There are specific criteria for holding a position in the Islamic legal system.
The following is a systematically summarized list of the required criteria: The applicant must be mature, mentally normal and sane.
The applicant must be fit and healthy to overcome the difficulties and demands of his job.
The applicant must be well educated and informed about the Shri'ah, Islamic Laws and the rules of what is permitted and prohibited in Islam. In addition, such a person must have the ability and sense to differentiate between permitted and prohibited things. He must also have the ability to decide, evaluate and issue judgments on secular and religious matters.
The applicant must have an honorable, worthy, honest and extremely moral character. He should be a man of upright conduct so that his judgments will be accepted by the opposing party in the dispute.
Furthermore, every individual in Islamic society enjoys certain rights, regardless of their faith or religious affiliation, rank or social position.
A summary of such rights follows: The right to seek judicial judgment against oppressors. An individual may report his oppressor to the Court.
Disputing parties: The plaintiff and defense attorney must have equal hearings before the judge.
This is based on the Hadith of Allah's Messenger (Peace be upon him): "Anyone who is tested [in his life] by serving as a judge among Muslims must be fair [and impartial] in his opinion, evidence and determination."
In addition, it is based on the Hadith of the Messenger of Allah (Peace be upon him) in which he instructed 'Ali when appointing him as a judge.
"Indeed, Allah (Almighty) shall guide your heart and establish your tongue [with the truth]. When the accuser and the accused sit before you, do not pronounce judgment on one until you have heard the opinion of the other, as you have heard the first have."
According to Islam, everyone is innocent until proven guilty.
This has its basis in the Hadith of the Messenger of Allah(Peace be upon him): "If people were given [verdicts only] based on their allegations [and opinions], you would see people claiming that others killed [their relatives] and owned their wealth. Nevertheless, the defendant must take an oath."
Baihaqi's report says: "Proof must be brought by the plaintiff and an oath must be taken by the defendant."
Islam guarantees rights against suspicion. Prosecution based on suspicion does not deprive the suspect of his due rights. A suspect must not be forced to say or do anything against his will. Under no circumstances should a suspect be tortured. A suspect must not be subjected to violence, cruelty or hardship in order to induce him to make any statement.
This is based on the hadith of the Messenger of Allah (Peace be upon him): "Allah (Almighty) overlooks (forgives) the following things of my Ummah, community [they are not responsible]: error, forgetfulness and what they have been forced to do [against their own will]."
It is further reported that the second Khalif, 'Umar bin Al-Khattab (May Allah be pleased with him) said: "If you let a [suspect] starve, fear, or imprison him, do not expect him to be safe, and do not expect him to testify against his own soul."
Islam establishes personal responsibility. This means that no one can be held responsible for other people's mistakes. Accusation, suspicion, disruption and punishment must be limited to guilty persons. Family members are not allowed to share his punishment.
This is based on the Ayat from the Quran al-Karim Sura Fussilat (Explained!) 41:46, which can be translated in meaning as follows: (If anyone does what is right, he does it for himself; and if anyone does evil, he acts against himself. And your Lord is never unjust towards people.)
In addition, it is based on the following hadith of the Messenger of Allah (Peace be upon him): "No one should be found [guilty] for the wrong deed of his brother or father."
Islam prescribes a specific code of conduct for judges that should be followed. The letter from 'Umar bin Al-Khattab to one of the appointed judges contains the guidelines for judges.
The letter reads: "From the second Khalif, 'Umar bin Al-Khattab, the servant of Allah, to 'Abdullah bin Qais. Peace be upon you. Jurisprudence among [disputing] people is a precise and obligatory matter that should be carefully pursued and exercised. You You should [do your best and] try to understand the people before you. Also, [realize that] no one will benefit from a right that is not [properly] carried out. Take the [disputing] people in your court into account same looks and meetings, so that an impressionable person does not think that he has an advantage because of his [high] status. Furthermore, so that a weak person does not lose hope because he fears injustice in your court. The plaintiff must provide proof. A The defendant must take an oath if he denies the accusation and denies the claim of the plaintiff.
The disputants may choose a compromise among themselves. However, a compromise is not acceptable if it changes an unlawful thing into a permitted one or vice versa. If you make a judgment one day, but upon reconsideration the next day you discover that you have made a mistake, and the judgment you gave is not correct, then [reopen the case] and give the correct judgment . You must realize that it is [much] better to correct the judgment than to continue to indulge in the wrong. Try to understand the confusing matters that have no text to support them in either the Quran or the Sunnah, the recorded dealings of the Prophet (Peace be upon him). You should study similar regulations, rulings and cases and then decide accordingly after getting sufficient knowledge about them. Try to choose the things that Allah loves the most and those that are closest to the truth. Give the plaintiff who is alleging something that is not currently present an opportunity to provide evidence by giving him a specific deadline. If such a plaintiff produces strong evidence, decide the case in his favor. If he fails to do so, judge his case. [You must know that] all Muslims are trustworthy when it comes to testimony, except a person who has been flogged for some shameful act in the Islamic society or a person known for false testimony or a person who is either a relative or is a distant relative of the plaintiff. [You should also know that] Allah (Almighty) is aware of all the hidden secrets of people and helps you to [judge] with the help of solid evidence. Furthermore, you must not worry, become intolerant, or complain about people arguing over legal matters, when Allah rewards those who are patient and is pleased with the results. [You must also know that] if a person has a good inner relationship with Allah (Almighty), Allah will [certainly] improve that man's relations with the public."
For more information on this topic, consult books on Islamic jurisprudence.
Husbah, accountability system in Islam: Husbah is a voluntary accountability system in Islam. The main reason for the Husbah is to consolidate Shari'ah in Islamic society. Husbah uses the principle of commanding good and forbidding evil to enforce Shari'ah. The Shari'ah disciplines those who publicly do shameful, unlawful or similar things. In addition, the Husbah people keep an eye on any illicit activities such as cheating, stealing and selling illegal or banned things and goods. Husbah also checks the monopolization of people's basic needs. The Husbah also monitors and tracks damaged public facilities in order to properly rebuild them and protect people from physical harm. All these voluntary activities of the Husbah have their basis in the Ayat in the Qur'an al-Karim Sura Al-Imran (The House of Imran) 3:110, which can be translated in terms of meaning as follows: (You are the best church that has arisen for the people. You enjoin what is right and you forbid what is wrong and you believe in Allah.)
Husbah also includes fear of Allah's punishment.
This is justified by the Ajat in the Quran al-Karim Sura Al-Maidah (The Table) 5:78-79, which can be translated in terms of meaning as follows: (Cursed were the disbelievers of the children of Israel by the tongue of David and of Jesus the son of Mary. This is because they disobeyed and violated (the commandments). They did not stop one another from doing wrongdoings that they committed. What they used to do was truly evil.)
Every individual in the Islamic society should take an active role in Husbah and command the good and forbid the bad. This role is performed according to individual abilities and position.
This is based on the Hadith of the Messenger of Allah (Peace be upon him): "Whoever sees an [immoral] unacceptable act being carried out [in Islamic society] must change it [correct it] with his own hand. If he cannot do this, then he should use his tongue [verbally reject the act and kindly instruct the person to stop]. [Finally] if he/she is unable to do this either, then he should use his heart [reject the act in his heart and declare that he/she hates doing such a wrong act in the Islamic society see]. This is the lowest [degree] of faith."
The improvement of an error may be restricted if its effects would worsen and complicate the situation.
The religion of Islam with which Muhammad (Peace be upon him) was sent and the excellent and wise prophetic sayings formulate human rights in a single sentence: "Truly, your blood, your wealth and your protected things are not lawful for others. All these are as sacred as this respected day, this respected month and this respected city..."
Most of the human rights fall under this statement, which comes from the farewell pilgrimage address of the Messenger of Allah ((Peace be upon him)). In fact, Islam established all laws and regulations to preserve and defend the rights of people. It also includes warnings about the most severe punishments for lawbreakers.
What follows is a declaration written in Cairo on human rights in Islam. It should be emphasized that the rights listed in this declaration are only guidelines and general rules. According to Islam, rights are linked together like rings that support each other. The general principles and rules of human rights in Islam are divided into two groups. Consequently, this rough classification is divided into various further subcategories. This requires a longer explanation if we were to go into the details. Therefore we will only give hints and clues. The interested reader can find further details in more extensive literature on human rights in Islam. It is correct to say that Islam came to preserve all human rights and to make people happier both in this life and in the hereafter. |
|