abstract - pjir.bzu.edu.pkpjir.bzu.edu.pk/upload/vol-05_3 dr. sayed haider shah page 63 to...
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AbstractIn the Holy Quran and Sunnah, great stress has been laid on fair and
impartial justice. Justice must be provided to every one without favour and
fear. In the Judicial system of Islam, there is no distinction between rich and
poor, between muslim and non-muslim . According to Law, everyone is equal.
In the early period of Islam Judicial system had been established which
provided equal justice to everyone irrespective of his religion and creed. After
the reign of holy caliphs fair and true justice remained as usual during the
caliphate of Umayyads and the Abbasids. Judiciary was totally independent
from the influence of executive. Qazis were not under the control of provincial
governors. They directly accountable to the caliph .The Qazis could summon
the caliph in their courts. The caliph had to accept the verdicts of the Qazis. If
government officials and Qazis were found guilty of malpractice and violating
their respective authorities, they were terminated from their positions and
severely punished. The civil cases of non-muslims were decided according to
their respective religion, while criminal cases were decided by Qazis. Speedy
and free justice was provided to everyone without considering his religion or
creed. Beside Qazis, Mohtasibs were also appointed to control crimes and
cruelty. The culprits were arrested and punished on the spot. No one could
escape from the shackle of law. According to law, everyone was equal.
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(Chamberlain)
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50 The judge according to the theory of Moslem law, had to be male,
adult, in full possession of h is mental facult ies, a free
citizen,Moslem in faith, irreproachable in character , sound of sight
and hearing and well warned in the prescriptions of law, all of
which was of course canon law. 51
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The dispensing of justice , always considered in Moslem
communities a religious duty, was entrusted by the Abbasid caliph
or his vizir to a member of the faqih (theologian)class,who thus
became a qadi , or if in Baghdad qadial qudat (chief judge).54
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The chief of municipal police was called muhtasib , for he acted as
overseer of markets and morals. It was his duty to see that proper
weights and measures were used in trade, that legilimate depts
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were paid, that approved morals were maintained and that acts
forbidden by law, such as gambling, usury and public sale of wine
,were not committed. 62
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51. Hitti Philip K, History of the Arabs,London, The Macmillon
Press,1982,p.326
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54. Hitti, History of the Arabs,p.326
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62. Hitti, History of the Arabs, p.332
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