The Standard of The Judiciary in the Islamic State
Keywords:Independence, Judiciary, Islam, Justice, concept, Prophet, Quran
Independence of judiciary is a vital principle of the rule of law. Judiciary has been given a supreme and vast power in Islam. This article attempted to explain the basic concepts of Independence of the Judiciary, relations with Executive and Legislature in the light of the judicial system introduced by the Prophet Muhammad (PBUH) and his pious caliphs. There are no clear and specific instructions in Quran regarding the relations between the state organs in Islam but the conventions of the Prophet (PBUH) provide us with some guiding principles. It shows that the Head of the State is the supreme power in the state. As such he is the Chief executive and the head of the legislature as well as of the judiciary. However, the three departments operate independently and separately from each other under the supervision of the head of the state. He does not interfere in the people’s internal affairs but the final appeal or reference to any matter goes to him. Shafi‘i, Mālkīi and Hunbalī jurists are of the opinion that the appointing authority or caliph has no power to dismiss a Qadhi without any sound reasons. The most conspicuous characteristic of the judiciary set up by the Prophet (PBUH) was its impartiality. The social, political and religious status of any individual never influenced the administration of justice at Madinah. The concept of the independence of the judiciary in Islam has been elaborated by discussing the significance, Islamic ruling and the basic guiding rules for the independence of Judiciary.