What is LAW ?

‫قانون‬
the system of rules that regulate the
actions of its members and which it may
enforce by the imposition of penalties

The law shapes political, economics,

history and society in various ways

serves as a mediator of relations between

people

The history of law links closely to the

development of civilization
 Laws prevent or deter people
from behaving in a manner that
negatively affects the quality of life
of other people, therefore the
consequences of breaking
the law often fit the crime.

Law is essential for maintenance &

development of healthy & peaceful
civilized life
 Purpose of Law ‫قانون كے‬
‫مقاصد‬

to protect the rights

 establishing standards

maintaining order

resolving disputes

protecting liberties and rights

to regulate society

to protect people


 Ancient Greek law
The small Greek city-state, ancient Athens,
from about the 8th century BC was the first
society to be based on broad inclusion of its
citizenry, excluding women and the slave class.
However, Athens had no legal science or single
word for "law", relying instead on the three-way
distinction between divine law (thémis), human
decree (nomos) and custom (díkē).
Yet Ancient Greek law contained
major constitutional innovations in the
development of democracy.
 Roman law
Roman law was heavily influenced by
Greek philosophy,
but its detailed rules were developed by
professional jurists and were highly
sophisticated.
Over the centuries between the rise and
decline of the Roman Empire, law was
adapted to cope with the changing
social situations and underwent major
codification under Theodosius -
II and Justinian-I.
Man is a social being by nature. He cannot live
perpetually on his own, completely independent of
others. People are interdependent. Consequently,
friction arise between them when their
personal interests come into conflict with each
other, or when what they perceive as their
individual rights infringe upon those of others.
Conflicts between them inevitably break out. In
some cases, one party to the conflict might be strong
and aggressive while the other is weak and
condescending, incapable of defending his rights.
Because of this, it becomes necessary for there to be
a way to prevent people from oppressing one
another, to ensure that the weaker members of
society receive justice, and to determine right
from wrong when issues get complicated or
uncertain.
 This can only be realized through a judge that has

the power to give legal verdicts in cases of dispute.

For this reason, we find that the existence of a judge

is considered by Islamic law and the laws of all the

other revealed religions to be both a religious
obligation and a necessity of human life. God says:

“We have sent Messengers with clear proofs, and

sent down with them the Scripture and the
Balance that mankind can establish justice…”
(Quran 57:25)
 Justice in Islam
‫اسالم میں انصاف کا نظام‬
The word(s) "Justice" appears 24 time(s) in 22 verse(s)

in Quran
It is a central theme in the Qur’an

justice denotes placing things in their rightful

place.
giving others equal treatment.

Justice is close to equality in the sense that it creates a

state of equilibrium in the distribution of rights

Purpose of Life
 Quran and Justice
"The unjust will certainly have no happiness.
" (Al Anaam, 6:21)
"Allah does not guide the unjust." (Al Anaam, 6:144)
"Allah does not love the unjust." (Al-e-Imran, 3:57)

"We destroyed certain generations who lived before

you because of their injustice." (Yunus,
10:13)

"The unjust will face a painful punishment."

(Ibrahim, 14:22)
"Do not think that Allah is unaware of what the
unjust people do." (Ibrahim, 14:42)
‫َو َتَّم ْت َكِلَم ُت َر ِّبَك ِص ْدًق ا َو َعْداًل ۚ اَّل ُم َبِّدَل‬
6:115 - ‫ِلَكِلَم اِتِه ۚ َو ُه َو الَّس ِم يُع اْلَع ِليُم‬

And the word of your Lord has been fulfilled in

truth and in justice. None can alter His
words, and He is the Hearing, the Knowing.
Anam
Justice in Islam-main themes

1. Insaf Giving the Due

2. Adal Relative Justice
3. Ehsan Benevolence
4. Meezan Measure/Worth (Relative
Justice)
5. Eesar Sacrifice
6. Al-Qist Measure/Worth by Human
7. Haqq Truth
What is Justice?

‫عدل‬
the administration of
fair &
law in a
responsible way

Justice is the ideal, morally correct state of things

and persons, involving the fair, moral, and
impartial treatment of all persons, especially in
 ‘Adl’
 ‘adl’ may include both legal and non-

legal justice.
 The sources of non-legal justice may

include social behavior and conduct,

customs, values, way of living,
professional ethics, business
There are dozens of Quranic verses
containing word ‘adl’ which states
about legal and non-legal justice.
Examples are sura al-anam-150; al-
baqra-282; al-talaq-2; al-araaf-159; al-
shura-15, and many others. Briefly
speaking, justice revolves around two
concepts i.e. ‘adl’ in which social
justice is established not necessarily
through legal tools; the second concept
is ‘qist’ in which social justice is
established essentially through legal
  ‘Qist’
is mentioned in Quran in situations which

involve crimes/disputes, or which lead

or may lead to crimes/disputes. ‘Qist’ is
relating to dispensation of justice
through legal process/laws relating to
crimes/disputes. This is what has been
mentioned in Quran as following:
 ‫ُق‬ ‫ُل‬ ‫و‬ ‫اَء‬ ‫ا‬‫َذ‬ ‫َف‬ ۖ ‫ٌل‬ ‫و‬ ‫ُأ‬ ‫ُك‬
‫َي‬ ‫ِض‬ ‫ُهْم‬ ‫ُس‬ ‫َر‬ ‫َج‬ ‫ِإ‬ ‫ُس‬ ‫َوِل ِّل َّم َّر‬
‫ٍة‬
- ‫َبْيَنُه م ِباْلِق ْس ِط َوُهْم اَل ُيْظَلُموَن‬
10:47

And for every nation is a messenger. So

when their messenger comes, it will be
judged between them in justice, and
they will not be wronged. Yunus
In this above mentioned verse, the matters under
adjudication are crimes/disputes and the word ‘qist’
has been used to describe a situation in which
crimes/disputes are decided upon under the laws;
the word ‘quziya’/adjudication, used in this verse, is
only used for such matters which involve
crimes/disputes.
Qist is a comprehensive Quranic term which
encompasses, justice, fairness and respect for the
rights of creation as well as the Creator

 Briefly speaking, ‘qist’ is that component of

system of justice which is relating to
dispensation of justice through legal process/
 ‘Meezan’
The term ‘Meezan’ mentioned
in Quran is associated with
justice.

‘Meezan’/justice includes both

‘adl’ and ‘qist’.
It may be noted that both ‘adl’ and ‘qist’ reinforce
each other; ‘qist’ helps in establishing ‘adl’ and
‘adl’ helps in establishing ‘qist’.
There is a point how ‘adl’ and ‘qist’ emphasize
essentiality of Sunnah as a source of Islamic
‘Shariah’. Quran says:

“We have already sent Our messengers with clear

evidences and sent down with them the Scripture
and the balance/ ‘meezan’ that the people may
maintain [their all affairs] in justice….” (al-hadid-
25).
 Sources of Islamic Law
‫اسالمی قوانین کے ذرائع‬
Primary sources Secondary Sources

1. Ijma (consensus)
 The Quran
2. Ijtihad
(independent reasoning)
3. Qiyas (analogy)
 Sunnah of 4. Istislah (Public good)
Prophet 5. Istihsan (public welfare)
(PBUH) 6. Masalih Marsalah (Public
weal)
 Justice is Trust/Ammanah
‫انصاف بطور امانت‬
‫َّنا َع ْضَنا اَأْل اَنَة َعَلى ال ا اِت اَأْل‬
‫َو ْر ِض‬ ‫َّس َم َو‬ ‫َم‬
‫َأ‬ ‫َر‬ ‫ِإ‬
‫َأ‬ ‫َأ‬
‫َواْلِج َباِل َف َبْيَن ن َيْح ِم َنَها َو ْش َفْقَن ِمْنَها‬
‫ْل‬
- ‫َوَح َمَلَها اِإْلنَس اُن ۖ ِإَّنُه َكاَن َظُلوًما َج ُهواًل‬
33:72
Indeed, we offered the Trust to the
heavens and the earth and the mountains,
and they declined to bear it and feared it;
but man [undertook to] bear it. Indeed, he
was unjust and ignorant.
‫ِإَّن الَّلَه َيْأُم ُر ِباْلَعْدِل َو اِإْلْح َس اِن َو ِإيَتاِء ِذي‬
‫َك‬‫ن‬ ‫ُم‬‫ْل‬ ‫ا‬ ‫َو‬ ‫اِء‬ ‫َش‬ ‫ْح‬ ‫َف‬‫ْل‬ ‫ا‬ ‫َع‬ ‫َه‬‫ْن‬‫َي‬ ‫ا ْر ٰى َو‬
‫َب‬ ‫ُق‬‫ْل‬
‫ِر‬ ‫ٰى ِن‬
16:90 - ‫َو اْلَبْغ ِي ۚ َيِع ُظُكْم َلَع َّلُكْم َتَذَّكُر وَن‬
Indeed, Allah orders justice and good
conduct and giving to relatives and forbids
immorality and bad conduct and oppression.
He admonishes you that perhaps you will be
reminded. Nahl
 ‫َل‬ ‫َأْل‬ ‫َأ‬ ‫ْأ‬
‫ا‬
‫َم َن ِت ِإ ٰى‬ ‫ا‬ ‫ا‬ ‫وا‬ ‫َؤ‬
‫ُت ُّد‬ ‫ن‬ ‫ِإَّن الَّلَه َي ُم ُر ْم‬
‫ُك‬
‫ُك‬ ‫َأ‬ ‫َك‬
‫ْهِلَه ا َو ِإَذا َح ْم ُتم َبْيَن الَّناِس ن َتْح ُم وا‬ ‫َأ‬
‫ِباْلَعْدِل ۚ ِإَّن الَّلَه ِنِع َّم ا َيِع ُظُكم ِبِه ۗ ِإَّن الَّلَه‬
4:58 - ‫َكاَن َس ِم يًع ا َبِص يًر ا‬
Indeed, Allah commands you to render trusts to
whom they are due and when you judge
between people to judge with justice.
Excellent is that which Allah instructs you.
Indeed, Allah is ever Hearing and Seeing.
Two ways in which justice operates

1. in legal sense

Regarding justice in the legal sense, the Qur’an

tells Muslims not only how to conduct
themselves, but is also highly important
regarding relationships with other
people. It states what the various
punishments for certain crimes should be
along with the justification behind this
reasoning.
2. in divine sense

there has been a discourse between

many commentators debating how
justice will be fulfilled for
different people, although all
agree that Allah shall not do any
injustice.
 It is debated as to how justice
regarding non-Muslims functions.
 System of Justice
Two Components

1. Judicial System

System of Courts ‫عدالتی نظام‬

2. Social Justice ‫سماجی‬

‫انصاف‬
Practical/Philosophy of Justice
 System of Courts

1. Mazalim Courts ‫عدالتیں‬

‫مظالم‬

2. Court of Qazi ‫عدالتیں‬

Court of Muhtasib

‫عدالتیں‬
‫محتسب‬
 , ‫گواہی کی اہمیت‬
‫گواہی مقدس فریضہ‬
‫ُش اَء ِلَّل َل َعَل َأنُف ُك َأ‬ ‫ْل‬ ‫ا‬ ‫ي‬ ‫ا‬ ‫َق‬ ‫وا‬ ‫و‬‫ُك‬ ‫وا‬ ‫آ‬ ‫ي‬ ‫َّل‬ ‫ا‬ ‫ا‬ ‫ا َأ‬
‫ْم ِو‬ ‫ِس‬ ‫َو ْو ٰى‬ ‫ِه‬ ‫َد‬‫َه‬ ‫ِط‬ ‫ِق‬
‫َّو َن ِب ْس‬‫ِم‬ ‫ُن‬ ‫ُن‬ ‫َن َم‬ ‫ِذ‬ ‫َي َه‬
‫ُّي‬
‫ْل‬ ‫اَل‬ ‫َل‬ ‫اَأْلْق ي ۚ ن ُك َغِن ا َأ َف ي ا َفالَّل َأ‬
‫َهَوٰى‬ ‫ا‬ ‫وا‬‫ُع‬‫ِب‬‫َّت‬
‫َت‬ ‫َف‬ ۖ ‫ا‬ ‫ُه ْو ٰى ِبِهَم‬ ‫اْلَواِلَدْيِن َو َر ِب َن ِإ َي ْن ًّي ْو ِق ًر‬
4:135 - ‫َأن َتْعِدُلوا ۚ َوِإن َتْلُووا َأْو ُتْعِرُضوا َفِإَّن الَّلَه َكاَن ِبَما َتْعَمُلوَن َخ ِبيًر ا‬
“O’ you who believe, stand firm for justice and bear
witness for the sake of God, even though it be
against yourselves, your parents, or your relatives. It
does not matter whether the party is rich or poor.
Allah is more worthy of both. So follow not [personal]
inclination, lest you not be just. And if you distort
[your testimony] or refuse [to give it], then indeed Allah
is ever, with what you do, Acquainted.
Production of Witness
‫گواہی کی‬
‫اہمیت‬
 It has been ordained not to
conceal evidence
Burden of proof lies on plaintiff
If not possible then oath
 ‫ا‬ ‫ُش‬ ‫َّل‬ ‫ي‬ ‫ا‬ ‫َق‬ ‫وا‬ ‫و‬ ‫ُك‬ ‫وا‬ ‫آ‬ ‫ي‬ ‫َّل‬ ‫ا‬ ‫ا‬ ‫َأ‬
‫َّو ِم َن ِل ِه َه َد َء‬ ‫ُن‬ ‫ِذ َن َم ُن‬ ‫َيا ُّيَه‬
‫ِباْلِق ْس ِط ۖ َو اَل َيْج ِر َم َّنُكْم َش َنآُن َق ْو َعَلٰى َأاَّل‬
‫ٍم‬ ‫َأ‬
ۚ ‫َتْع ِدُلوا ۚ اْعِدُلوا ُه َو َر ُب ِللَّت َو ٰى ۖ َو اَّت وا ال َه‬
‫َّل‬ ‫ُق‬ ‫ْق‬ ‫ْق‬
5:8 - ‫ِإَّن الَّلَه َخ ِبيٌر ِبَم ا َتْع َم ُلوَن‬
“O you who believe, Be steadfast for the sake of
God and bear true witness and let not the
enmity of a people incite you not do
justice. Be just, this is nearer to
righteousness.”
.
 Features of Islamic Judicial System
‫اسالمی نظام عدل کی خصوصیات‬
Rule of Law ‫قانون کی حکمرانی‬

 Islam only religion established the rule of one law for all
 All are subject to same law
 The Caliph & the beggar stand together for judgment before the
law

Equality before Law ‫قانون کی نظر میں‬

‫برابری‬
 The law of God is supreme & no one is outside the divine
law.
 Example of Fatima
Principles of Judiciary System
1. The judge should be a jurisprudent (faqih) and
sufficiently wise with respect to Islamic laws so
that he can pass judgement in light of this
knowledge.
2. No judgment can be given without evidence,
testimony of witnesses, and/or the admission of
the accused.
3. Every accused man is innocent until he is
proven guilty. If guilty, he is punished and or
ordered to restore the injured party's rights.
4. The judgment handed down by the Islamic court
should be in accordance with the laws and rules
of Islam alone.
Qualification of Judges

1. Maturity
2. Sanity
3. Freedom
4. Islam
5. Upright character
6. The capacity for independent juristic
reasoning:

 He must have sufficient knowledge of the

Quran and Sunnah to know where to find
both general and specific legislations.
 He must know where to find the texts that
clarify ambiguous ones

7. Full sensory perception:

What is required is the ability to see, hear,

and speak. According to most scholars, this
qualification is a necessary condition for

Women as Qazi ‫عورت‬
‫بطور قاضی‬
A Muslim woman qualifies as Qazi according to :
 Imam Malik
 Imam Shafi
 Imam Ahmed bin Hambal

• Imam Abu Hanifa:

She can be appointed only in women cases and
cannot be appointed Qazi in Hadood and
Tazirat cases
Removal of the judge by the political
authority or a representative
A judge can be removed if the political authority finds:
1. another person who is more qualified for the post.
2. that the judge in office is incompetent.
3. that the judge admits to purposeful injustice.
4. clear evidence demonstrating the willful injustice of the
judge.
`Umar b. al-Khattâb (may Allah be pleased with him) removed
Sharhabîl b. Hasanah from his judicial post. Sharhabîl asked
him: “Did you remove me from my post because you are
displeased with me?” `Umar replied: “No, but I found another
who is as decent as you are, but better in performing his
duties.” Sharhabîl then said: “O Commander of the Faithful,
being removed from one’s post by you is a shameful thing, so
tell the public the reason why you did so.” `Umar then did as
Sharhabîl requested.
 2. Bad character: If a judge commits certain sinful deeds that remove from him the
legal requirements of good character –drinking, for instance, or any other major
sin – then his appointment is automatically terminated. Ibn Qudâmah writes:
If the judge’s circumstances are changed through immoral behavior, loss of sanity,
debilitating illness, or loss of one of the necessary qualifications for being a judge,
he must be removed from office because of that, and the political authority has no
alternative but to remove him.
3. Apostasy: Islam is a necessary condition for a judge to be appointed and for him
to remain in office. For this reason, a judge’s appointment is automatically
terminated the moment he leaves Islam.
4. Insanity: More precisely, if a judge loses his aptitude to be held legally
accountable, he is no longer suitable for his judicial post.
5. Complete loss of hearing, sight, or the faculty of speech: The majority of jurists
agree that if a judge is afflicted with the loss of any of these faculties, he loses his
post as judge.
6. Debilitating illness: If a judge is afflicted with an illness from which he is not
expected to recover, and this illness makes him incapable of performing his duties,
then he loses his position as judge.
7. Expiry of term of office: If the political authority appoints a judge for a one-year
term, then his term of office comes to an end after one year. Likewise, if he is
appointed to decide on a specific case or set of cases, then his term of office ends
when he finishes rendering verdicts for those cases.
8. Resignation: A judge may be relieved of his duties if he tenders his resignation
and the political authority approves it.
9. Death: Death nullifies the legal capacity to act in any way whatsoever. Thus, the
judge’s term of office ends immediately upon death.
 Special Characteristics of System of
Justice of Islam

1. Independence of Judiciary
2. Paid Judiciary
3. Appointment of judges as duty of caliph
4. Unique Law of Evidence
Tazkia tu Sahood(Character of witness), Dying
Declaration is valid evidence
5. Hadood are defined
6. Concept of Solicitors/Lawyer
7. Shriah as Law 43
8. Strict qualification of Judge

9. No personal biasness

10.Give the due his right is worship

11.Help of truthful

12.Speedy Justice

13.No procedural complexities-Daily

hearing
Separation of the Judiciary from executive

Caliph Umar for the very first

time in history

Judges enjoy a venerable &

independent position
 ‫ناپ تول میں عدل‬
‫انصاف‬
‫ْل‬ ‫ْك‬ ‫ْل‬ ‫ُف‬ ‫َأ‬
‫ا‬ ‫ي‬
‫َو ِم َز َن‬‫ا‬ ‫َل‬ ‫ا‬‫ِم َي‬ ‫ا‬ ‫وا‬ ‫َو َيا َق ْو ِم ْو‬
‫َس‬ ‫ا‬ ‫َّن‬ ‫ال‬ ‫وا‬ ‫ُس‬ ‫َخ‬‫ْب‬‫َت‬ ‫اَل‬ ‫َو‬ ۖ ‫ِط‬ ‫ِق‬‫ْل‬
‫ِبا ْس‬
‫اَل َتْع َث ا ِف ي اَأْل‬ ‫َأ‬
‫ْر ِض‬ ‫ْو‬ ‫ْش َياَءُه ْم َو‬
11:85 - ‫ُم ْف ِس ِديَن‬

And O my people, give full measure and

weight in justice and do not deprive the
people of their due and do not commit abuse
on the earth, spreading corruption. Hud
Justice among Children
Comprehensiveness of Justice
1. Justice in dealing with God

2. Justice in dealing with oneself

3. Justice in Court

4. Justice in Testimony

5. Justice with Enemies

6. Social Justice

7. Justice between Nations

52
 Justice between Nations
1. Peace
2. Treaties
3. Just war
4. Justice in dealing with captives

53
 Justice during Prophethood
Best Judge mentioned at Lincoln In Law
University
Justice between Muslims/non-Muslims
 JUSTICE BETWEEN NON-MUSLIMS

The Jews, in spite of their

hostility to the Prophet (pbuh),
were so impressed by his
impartiality and sense of justice
that they used to bring their
cases to him, and he decided
them according to Jewish law.
[Abu Dawud]
 Justice during Pious Caliphate

Hazrat Abu Bakar

Follow teachings of Quran &
sunnah
Hazrat Umar
Proper courts, Separation from
executive, ability of judges, himself
punished his son Abu-shajma
A son of `Amr ben Al `Aas, the
governor of Egypt, once struck a man
of the lower class.
Letter to Abu Musa Ashari (kufa)

 Golden principles of quick Justice without

fear or favour
Dept and wisdom whenever you are appointed
as judge on the basis of evidence and proof
Full justice between the litigant parties noy
only through your judgments but also your
facial expressions and body language
Burden of proof is always on plaintiff and
complainant, obligation of oath is upon
defendant and respondent
Beware of showing anger, getting annoyed
and upset, hurting people and shying
away from deciding a case
Imam Jafar as Sadiq said:

"Justice is more delicious than

honey, softer than butter, and
more sweet-smelling than
musk."
Benefits of Islamic Judicial System

Obligation of Hadood-Allah
Establishment of Just Society
Eradication of Tyranny
Removal of Social evils
Elimination of corruption
Inclination towards virtue
Prosperous Society