Judicial system and qualificaJudicial system and qualifications of qazitions of qazi

Judicial system and qualifications of qazi

1. Introduction

2. Judicial system in an Islamic state

(i) Mazalim courts 

(ii) Court of the Qazi

(iii) Court of the Muhtasib

3. Important features of Islamic judicial system

(I) Supremacy of law

(i) Direction of Hazrat Umar (R. A)

(a) To treat all the persons equally in law.

(b) Not to distinguish between relatives and others. (c) To abstain from taking bribe.

(II) Independence of judiciary

(i) Separation on Judiciary from executive

4. Appointment of qazi

(i) By the Iman, Caliph, Sultan or Governor  

(ii) A non-Muslim ruler of Governor can also appointe a Qazi.

(I) Duration of office View of Abu Hanifa: Abu Hanifa says that a qazi should not be allowed to hold office for more than a year.

5. Qualification of qazi

(I) Competent as a witness

(i) He must be a Muslim

(ii) He must be free

(iii) He must be a major

(iv) He must be sane

(II) Virtuous character

(III) Mujtahid

(IV) Well versed in Islamic law

(V) Personal attributes

(i) short-tempered

(ii) not mixed freely with the people
(iii) power of decision

(iv) strong faith in Allah.

(VI) Juristic qualities

(1)norms of justice

(2)ability to maintain equity

(3)impartial

(iv) basis of evidence

(1)decision in detail

(2)ambiguities in the decision

(vii) act gracefully

6. Status of woman as quiz

7. Powers and jurisdiction of qazi 8.Quasi judicial-duties of a qazi

(1) Protect the waqf property.

(2) custodian 

(3) appoint an administrator of the deceased.

(iv) Appoint ideal person for his assistance.
9. Removal of qazi

(i)               Insane.

(ii) Decision against the law.

(ii)            Involves in corruption.10.

10.    Conclusion