Conditions and Qualification for Being a Judge in the Light of the Islamic Law

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Bibliographic Information
Journal Al-Basirah
Title Conditions and Qualification for Being a Judge in the Light of the Islamic Law
Author(s) Chaudhry, Sajida Ahmed
Volume 4
Issue 1
Year 2015
Pages 39-58
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Keywords Qāḍī, Qaḍāʼ, the Qur’ān, Sunnah, Islamic Jurisprudence, Justice, Conditions for the Appointment of Judges
Chicago 16th Chaudhry, Sajida Ahmed. "Conditions and Qualification for Being a Judge in the Light of the Islamic Law." Al-Basirah 4, no. 1 (2015).
APA 6th Chaudhry, S. A. (2015). Conditions and Qualification for Being a Judge in the Light of the Islamic Law. Al-Basirah, 4(1).
MHRA Chaudhry, Sajida Ahmed. 2015. 'Conditions and Qualification for Being a Judge in the Light of the Islamic Law', Al-Basirah, 4.
MLA Chaudhry, Sajida Ahmed. "Conditions and Qualification for Being a Judge in the Light of the Islamic Law." Al-Basirah 4.1 (2015). Print.
Harvard CHAUDHRY, S. A. 2015. Conditions and Qualification for Being a Judge in the Light of the Islamic Law. Al-Basirah, 4.

Abstract

‘Adl and Qisṭ is indeed a manifestation of God’s mercy, rather, it may also be seen as a principal objective of Shariʿah. The origin or sources of administration of justice in Islām are the Quran, Sunnah of the holy Prophet, consensus of opinions of the jurists of Islamic jurisprudence and Analogy (Qiyās) . Justice is a sacred obligation of supererogatory. It is obligatory upon the Muslim rulers to appoint judges for the dispensation of justice to attain equality, to protect the human rights from their violation, to safeguard the lives and properties, and to maintain law and order in society. As a judge is supposed to accomplish a very important and noble task being a regent of Allāh, hence, some vital merits and criteria regarding the conditions and qualifications for the appointment of the Qāḍī or judge in the light of the Qur’ān, Sunnah and Islamic jurisprudence and the code of conduct for the Pakistani judges must be observed at all costs. The author of this paper has discussed these conditions and qualifications in this article. There are some unanimous conditions for the appointment of judges, while some others are not agreed upon. While presenting the difference of opinions of the Islamic jurists, the author tried to explain, reconcile the opinions and at some places presented her own view in the light of her analysis and arguments. These conditions are around thirty, but the author according to her own discretion chose some of the most important ones to discuss in this paper.

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