LS 2302 – Islamic Legal System

Question:
Religious Council and Kadis Court Act, Cap.77; section(s): 114, 115 (1)(2)(3), 116, 117 (1)
(2), 118 (1)
Syariah Court, 1998; section(s): 6 (1)(2)(3), 8 (1)(2)
Prepared By:
Mohammad Hazwan Hakkem Bin Jamaluddin (18B0209)
Haji Mohammad Ifwat Bin Haji Md Jane (18B0210)
Mohammad Nizamuddin Bin Mohammad Damarol (18B0211)
Noor Saffrena Binti Omarali (18B0215)
Norazatul Amal Nadhirah @ Norhafrina Binti Norariffin (18B0216)
Nurin Najihah Binti Azry (18B0222)
Bachelor Of Laws (L.LB) And Bachelor Of Shariah Laws (BSL)

Supervisor:
Ustazah Hajah Nurzakiah
Lecturer
Faculty of Shariah and Law
Sultan Sharif Ali Islamic University

Semester 2
2020/2021 Session

1
2
 CONTENTS

Pages

Religious Council and Kadis Court Act, Cap.77; section(s): 114,115 (1)(2)(3), 116, 117 (1)(2),
118 (1)

1. Introduction………………………………………………………………………………..4

2. Analysis of section 114 to 118 (1) of Religious Council and Kadis Court Act (Cap.77)…4

3. Conclusion………………………………………………………………………………...8

Syariah Court Act, 1998; section(s): 6 (1)(2)(3), 8 (1)(2)

1. Introduction………………………………………………………………………………10

2. Syariah Court…………………………………………………………………………….10

3. The Concept of Justice in Islam………………………………………………………….11

a. Definition of Justice……………………………………………………………………...11

b. The Justice of The Prophet………………………………………………………………11

c. Authority of Justice in Qur’an…………………………………………………………...12

4. Appointment of Chief Syar’ie Judge…………………………………………………….12

5. Leadership………………………………………………………………………………..12

a. Characteristics/Attributes of A Leader in Islam…………………………………………14

6. Conclusion……………………………………………………………………………….16

3
Religious Council and Kadis Court Act, Cap.77; section(s): 114,115 (1)(2)(3), 116, 117 (1)(2),
118 (1).

1. Introduction

The Religious Council and Kadis Court Act (Cap.77) is an act made in Brunei Darussalam which
governs the highest Islamic Religious body in Brunei, the Brunei Islamic Religious Council
(MUIB). The Act basically contain laws on regards to how Islam is governed in Brunei Darussalam.
It touches on matter related to the Religious Council, mosques, Zakat, marriage and so forth. Zakat
linguistically means increase, meaning there is more barakah in the wealth. Also, it is an increase
for the poor recipients. It also means purification because it is a means of purification for one’s
wealth. Zakat is mentioned together with Salah in the Quran about 32 times, and it is the third
pillar of Islam. The one who denies Zakat being a pillar of Islam, then by consensus, he is not a
Muslim. However, the one who acknowledges Zakat but does not pay it, is a major sinner but still
within the fold of Islam according to the majority of scholars, including the 4 madhabs.1

2. Analysis of section 114 to 118 (1) of Religious Council and Kadis Court Act (Cap.77)

Section 114 of the Religious Council and Kadis Courts stated that “The Majlis shall have the power,
and shall be under the duty, to collect on behalf of His Majesty, and to dispose of as His Majesty
may, subject to the provisions of this Act direct, all zakat and fitrah payable in Brunei in
accordance with Muslim law, and shall do so to the extent and in the manner provided in this Act.

As mentioned above, the majlis that have the power and shall be under duty to collect on behalf of
His Majesty is usually the people who is assigned by the Majlis and this is usually the Imams or
Bilals of each mosque where they are appointed and have given trust to collect all zakat and fitrah
payable in accordance with the Muslim law. This shows the importance in paying the zakat. From
al-Qur’an al-karim, Allah has said;

‫خذ ي ٍ أيىانهى صدقت حط ُهزهُى وحزكيهى بها‬

“Of their goods take alms, so that you may purify and sanctify them”

(Surah At-Taubah: 68)

1
Fiqh of Zakah – Wisdom and Obligation http://islam.ru/en/content/story/fiqh-zakah-wisdom-and-obligation
(Accessed on 11th March 2020)

4
It has been mentioned in connection with prayers in 82 verses in the Qur’an.

‫وأقيًىا انصالة وآحىا انزكاة‬

“Establish the prayers and give the zakat”

(Surah al-Muzammil: 20)

From a Hadith, Prophet (PBUH) said:

ٌ ‫شهادة أ ٌ ال إنه إال هللا وأ ٌ ي ًحد رسىل هللا وإقا ِو انصالة وإيخاء انزكاة وحج انبيج وصى ِو ريضا‬: ‫بُي اإلسالو عهى ًخس‬

“Islam was built on five (pillars): testifying that there is no deity worthy of worship except Allah
and that Muhammad is the Messenger of Allah, establishing the prayer, paying zakat, performing
pilgrimage to the Houses and fasting Ramadhan.”

(Bukhari & Muslim)

Section 115 of subsection 1,2 and 3 of the Religious Council and Kadis Courts stated that:

(1) The Majlis shall prepare annually assessment lists in respect of each mukim masjid in Brunei,
showing the names of all persons therein liable to pay zakat and fitrah respectively and the amounts
which they are so liable to pay.

(2) The Majlis shall be directly responsible for the preparation of the assessment lists in respect of
such areas as the Majlis may determine.

(3) In all other areas, the Imam shall, as agent for and on behalf of the Majlis, prepare the
assessment lists in respect of each mukim masjid and shall submit copies thereof to the Majlis,
which may alter or amend the same.

From Section 115 above it is to be noted that the Majlis or Imam or Amil will prepare assessment
list in respect of each mukim masjid to know who is eligible to pay and if there is any changes,
they are allowed to alter or amend it.

Zakat in monetary form of 2.5% is obligatory upon gold if the amount of gold one owns reached
20 mithqaal (approx. 85g) and Zakat of 2.5% is obligatory upon silver if the amount of silver one
owns reached 200 dirhams (595g). Paper currency is considered according to its value. If the paper
currency reaches the equivalent of the nisab of either gold or silver, zakat becomes obligatory upon

5
it. Once again, the amount of zakat will be 2.5%, given that the wealth was with the person for an
entire year. Women’s jewelry that is used for beautification purposes are exempt from zakat.

Those required to pay zakat is: i) Muslims, ii) free person iii) those who own the Nisab ,which is
extra money beyond the necessities of life such as food, clothing, places of residence, means of
transportation and the tools necessary for work, iv) that a full year of qamariah has passed since
one had possession of the Nisab, except for the vegetables, the fruits, rikaz and minerals which are
not applicable to this ruling and v) the Nisab is free from debts and thus not sought by the debtors.

Section 116 of the Religious Council and Kadis Courts stated that “Zakat shall be payable by every
Muslim who rears any animals, or cultivates any crops, or carries on any enterprise, from which
Zakat shall be payable at the rate and in such manner as may be determined by the Majlis from
time to time in accordance with Muslim law.”

From the provision above the zakat is payable at the rate and in such manner that is determined by
the Majlis from time to time in accordance with Muslim law for muslims who rears any animals,
or cultivates any crops, or carries on any enterprise. Zakat is obligatory on camels, cattle and sheep/
goats if: 1) It is freely grazing in pastures or vacant, open lands, 2) If their amounts reach the nisab.,
3) They are in one’ possession for a whole year, 4) If they were held for the purpose of milking
and reproduction. Zakat is obligatory upon all grains and all produce that are measured by dry
volume and stored such as dates and raisins. The nisab is 300 saa’ (approx. 624kg)

Zakat concerning grains and produce is 1) 1/10 of the produce is to be given from the produce of
land that is naturally irrigated, such as by rainwater only and 2) 1/20 is to be given from the produce
of land that is irrigated by man engineered means, such as by water from canals. While zakat on
merchandise goods is the merchandise goods are those that are kept for the purpose of buying and
selling in order to make a profit and the zakat (2.5% of the total value) becomes obligatory upon
merchandise goods when the value of the goods reaches the nisab and if the good are in one’s
possession for one year.

In regards to section 117 of the Religious Council and Kadis Court Act which stated that:

(1) Fitrah shall be payable by all Muslim householders in Brunei Darussalam and shall be at
the rate of and in such manner as may be determined by the Majlis from time to time in
accordance with Muslim law:

6
 Provided that, where a household consists of an odd number of members, payment shall be
made as if it consisted of the next higher even number of members.
(2) Payment of fitrah may be excused on grounds of poverty and the Imam may with the
approval of the other pegawai masjid omit from the assessment list prepared by him the
name of any person considered too poor to pay fitrah, but in any such case he shall inform
the Majlis of the facts and the Majlis may reverse such decision.

The above subsection touches on the matter of Zakat Al-Fitr which is the liability for fitrah in
Brunei Darussalam. It discusses on the matter who is obligated to give Zakat Al-Fitr in Brunei
Darussalam and on the matter of the amount of Zakat Al-Fitr in regards to the number of people
in the household. It also states on the case where if the person is in the state of poverty are permitted
from giving Zakat Al-Fitr with the condition that he had told the Religious Council of the facts.
Zakat Al-Fitr is obligated to all Muslims as Ibn ‘Umar said:

“The Messenger of Allaah (‫ )ﷺ‬made zakat al-fitr, one saa’ of dates or one saa’ of barley,
obligatory on the Muslims, slave and free, male and female, young and old.”

(Al-Bukhari, 1407)

Al Shafi'i (may Allaah have mercy on him) said:

“The hadeeth of Naafi’ indicates that the Messenger of Allah made it obligatory only on the
Muslims, which is in accordance with the Book of Allah, may He be glorified, because He has
made zakat as a purification for the Muslims, and purification can only be for the Muslims.”

(Al-Umm, part 2, Bab Zakat al-Fitr)

In regards to section 117 (2), it can be related to a statement by An-Nawawi Nawawi (may Allah
have mercy on him) said:

“The one who is in financial difficulty is not obliged to give [zakaat al-fitr]; there is no difference
among the scholars in this regard… The obligation is determined by whether or not a person can
afford it. Whoever has one saa’ more than he needs for himself and those whom he is obliged to
support on the night and day of Eid, has enough [is not in financial difficulty]. Whoever does not
have anything more than he needs is in financial difficulty, so he is not obliged to pay anything in
this case.

7
 (Al-Majmoo’, part 6, Shuroot Wujoob Sadaqat al-Fitr).

Zakat Al-Fitr is obligatory on those who are able to pay it. Al-Shaafa'i said:

“Everyone who, at the beginning of Shawwaal, has enough food for himself and those whom he
is supporting, for that day, and has enough to give zakaat al-fitr on behalf of them and himself,
should give it on behalf of them and himself. If he only has enough to give on behalf of some of
them, then he should give on behalf of some of them. If he only has enough for himself and those
whom he is supporting, then he is not obliged to give zakaat al-fitr on his own behalf or on behalf
of those whom he is supporting.”

(Al-Umm, part 2, Baab Zakaat al-Fitr)

Section 118 (1) of the act mentions that: The Majlis or the Imam or Amil as the case may be, shall
complete the Zakat assessment list by entering the amounts produced and the amounts payable
as soon as the harvest is complete. Here it means that the Imam or the Council are those that are
trusted on entering the amounts produced and amount payable once the harvest is complete. This
is most related to the zakat for vegetables. It obligation can be seen in the Al-Quran:

‫الر َّمانَ ُمتَشَابِ ًها َّوغ َۡي َر ُمتَشَابِ ٍه ؕ ُكلُ ۡوا‬ َّ ‫ع ُم ۡخت َ ِلفًا ا ُ ُكلُهٗ َو‬
ُّ ‫الز ۡيت ُ ۡونَ َو‬ َّ ‫ت َّوالنَّ ۡخ َل َو‬
َ ‫الز ۡر‬ ٍ ‫ت َّوغ َۡي َر َمعۡ ُر ۡو ٰش‬
ٍ ‫ت َّمعۡ ُر ۡو ٰش‬
ٍ ّٰ‫شا َ َجن‬ ۡۤۡ ‫َوه َُو الَّذ‬
َ ‫ِى ا َ ۡن‬

َ ‫مِ ۡن ث َ َم ِر ۤۡه اِذَ ۤۡا ا َ ۡث َم َر َو ٰات ُ ۡوا َحقَّهٗ يَ ۡو َم َح‬

ؕ‫صا ِده‬ َ‫َو َال تُسۡ ِرفُ ۡوا اِنَّهٗ َال يُحِ بُّ ۡال ُمسۡ ِرف ِۡين‬

“It is He Who has brought into being gardens - the trellised and untrellised - and the palm trees,
and crops, all varying in taste, and. the olive and pomegranates, all resembling one another and
yet so different. Eat of their fruits when they come to fruition and pay His due on the day of
harvesting. And do not exceed the proper limits, for He does not love those who exceed the proper
limits.”

Here the nisab for vegetables and fruits are five awsuq which becomes applicable only after the
chaff, straw and husk are removed. If it is not cleansed of husk, then the amount of zakah would
be ten awsuq. Abu Hurairah reported that the Prophet, upon whom be peace, said: “There is no
sadaqah (zakat) on that which is less than five aswuq.”

3. Conclusion

8
As a conclusion, the Religious Council and Kadis Court Act are all made base on the words of
Allah from the Al-Quran and are then supported from the hadith of the Prophet ‫ﷺ‬. There are some
instances that the sources are done by way of ijtihad from the scholars. For instance the
jurisdiction as to regards with the issue whether a person who suffers poverty are allowed to be
exempted from giving zakat al-fitr were decided on the authority Al-Umm by Al-Shafi’i as well
An-Nawawi.

9
Syariah Court Act, 1998; section(s): 6 (1)(2)(3), 8 (1)(2)

1. Introduction

Syariah Court refers to Sharia law in Islamic religious law and deals with exclusively Islamic
laws, having jurisdiction upon every Muslim in Brunei. The second independent system of court
in Brunei Darussalam is based on Syariah Law. Syariah court system had limited exclusive
jurisdiction to hear and decide matters of personal law relating to persons that belong to Islamic
faith on matters pertaining to marriage, divorce, inheritance, maintenance of dependents and the
estates of deceased Muslims2. Syariah law has been implemented in Brunei Darussalam. In order
to make this law more efficient and more reliable to solve any issues related to Islamic matter for
Muslim.

Syariah court has been established legally in the judiciary system in this country. Brunei
Darussalam have established Syariah Courts consisting of Syariah Sub-Ordinate Courts, the
Syariah High Court and the Syariah Appeal Court, as was stated in Section 6 subsection (1) (2)
(3), which have jurisdiction throughout Brunei Darussalam. Generally, it is smaller court and
being considered as low-level court if compared to other kind of court in Brunei due to its limited
aspect of cases and most applicable for Muslim community only which is relatively the largest
community to another region.

In Syariah court, there were honorable Judge. There are the criteria to be selected as Syariah
Judge. These criteria were discussed in Section 8 (1) (2) (3), which states about the constitution
and the appointment of Chief Syar’ie Judge.

2. Syariah Court

Section 6 (1) There are hereby established Syariah Courts consisting of Syariah Subordinate
Courts, the Syariah High Court and the Syariah Appeal Court, with such jurisdiction, powers,
duties and authority as are conferred and imposed by this Order and by any other written law.

Section 6 (2) The Syariah Subordinate Courts, High Court and Syariah Appeal Court shall have
jurisdiction throughout Brunei Darussalam.

2
Overview of Brunei Legal System | Accesed on 8 th March 2020 https://cacj-ajp.org/web/brunei/overview

10
Section 6 (3) Notwithstanding subsection (2), the Syariah Courts shall have criminal jurisdiction
in respect of offences committed outside Brunei Darussalam by a citizen or permanent resident
of Brunei Darussalam.

3. The Concept of Justice In Islam

a. Definition of Justice

I the Islamic worldview, justice denotes placing things in their rightful place. It also means giving
others equal treatment. In Islam, justice is also a moral virtue and an attribute of human
personality as how it was in the Western tradition. Justice is close to equality in the sense that it
creates a state of equilibrium in the distribution of rights and duties, but they are definitely not
identical.

Prophet Muhammad (Peace Be Upon Him) declared: “There are seven categories of people whom
Allah will shelter under His shade on the Day when there will be no shade except His. (One is)
the just leader.”3 Allah spoke to His Messenger in this manner: “O My slaves, I have forbidden
injustice for Myself and forbade it also for you. So avoid being unjust to one another.”

Thus, justice represents moral rectitude and fairness.

b. The Justice of The Prophet

In administering justice and applying the enjoinment of Allah the Almighty, the Prophet
Muhammad (Peace Be Upon Him) made no distinction between relatives and strangers, believers
and non-believers, friends and foes, and mean and noble people. He was the ideal example in the
issue of justice.

It was narrated by Bukhari and Muslim:4

“Help your brother, whether he was wronged or he was the wrong-doer.” They asked him how
can we help him if he is the wrong-doer? He said: “By preventing him from wronging others.”

3
Saheeh Muslim
4
BS Foad, MD, The Concept Of Justice In Islam, 2017, p. 16

11
“Seek forgiveness from your brother now, before a day comes when money will not avail; if you
have good deeds, it will be taken from you and given to him according to your injustice; if you
have no good deeds, you will carry some of his bad deeds.”

c. Authority of Justice In Qur’an

In Al-Qur’an stated:5

‫اّلِلُ أَ ْولَ ٰى ِب ِه َما‬ َ ‫علَ ٰى أ َ ْنفُ ِس ُك ْم أ َ ِو ْال َوا ِلدَ ْي ِن َو ْاْل َ ْق َر ِبينَ ۚ ِإ ْن يَ ُك ْن‬
ً ‫غنِيًّا أ َ ْو فَق‬
َّ َ‫ِيرا ف‬ َ ‫ّلِل َولَ ْو‬ ُ ِ‫يَا أَيُّ َها الَّذِينَ آ َمنُوا ُكونُوا قَ َّوامِ ينَ ِب ْال ِقسْط‬
ِ َّ ِ ‫ش َهدَا َء‬
َ َّ ‫فَ َال تَتَّ ِب ُعوا ْال َه َو ٰى أ َ ْن ت َ ْع ِدلُوا ۚ َو ِإ ْن ت َْل ُووا أ َ ْو ت ُ ْع ِرضُوا فَإِ َّن‬
ً ‫َّللا َكانَ ِب َما تَ ْع َملُونَ َخ ِب‬
‫يرا‬

Means, “O you who have believed, be persistently standing firm in justice, witnesses for Allah,
even if it be against yourselves or parents and relatives. Whether one 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.”

4. Appointment of Chief Syar’ie Judge

Section 8 (1) His Majesty the Sultan and Yang Di-Pertuan may on the advice of the President of
the Majlis and after consultation with the Majlis appointed a Chief Syar’ie Judge.

Section 8 (2) A person is qualified to be applied under subsection (1) if –

(a) He is a citizen of Brunei Darussalam: and

(b) He –

(i) Has, for a cumulative period of not less than seven years prior to his appointment,
served as either a judge of a Syariah Court, or Kadi, or in both capacities; or

(ii) is a person learned in Hukum Syara’

5. Leadership

In this modern world, people cannot escape the fact that there is always a leader in one’s life. A
leader often being appointed due to their good capabilities. Such as in a country, Sultan or King
will be the highest leader. This same goes to a company, the leader would be the so called ‘Boss’
in which all the workers give him/her a great respect and obey all his/her order. A leader is

5
Surah An-Nisa: 135

12
common to be found nowadays in terms of grouping or in a team, as he/she is needed to represent
on behalf of the group in any activities or work given to them as a team. Literally, leader refers
to the person who leads or commands a group, organization or country.

Leadership in Islam is a trust (amanah). It represents a psychological contract between a leader

and his followers that he will try his best to guide them, to protect them and to treat them fairly
and with justice. Hence, the focus of leadership in Islam is on doing good.6 Islam leadership has
its own methods in which it does not copy from any other model. Even though some may claim
that Islamic leadership is equivalent to democracy, socialism or capitalism due to their some
common characteristics, it needs to be asserted that Islamic leadership cannot be equated with
leadership which embraces ideology invented by man, because Islam has its own distinction in
terms of policy and political rules which can overcome man-made systems. Thus, any similarity
between the Islamic system and the democratic system or with any other system does not entitle
to claim the existence of an Islamic democracy and so on. Any similarity is coincidental because
Islam has its own basis and objectives.7

In Al-Quran, it is stated in Surah Al-Anbya, verse 73:

“And We made them into leaders to guide people in accordance with Our command, and We
inspired them to good works, and to establish Prayers and to give Zakah. They worshipped Us
alone.”

In this verse, it is Allah who appoints the Imam. It is not selected by anyone or given in a will,
nor established by committee. The role of the Imam is also outlined, to guide, be an example, and
establish the religion and society. It is a common theme that Allah alone appoints the true leaders.

In addition, in Surah An-Nisa, verse 59:

“Believers! Obey Allah and obey the Messenger, and those from among you who are invested
with authority; and then if you were to dispute among yourselves about anything refer it to Allah

6
Leadership: An Islamic Perspective, January 1999
https://www.researchgate.net/publication/265001941_Leadership_An_Islamic_Perspective (Accessed on
07/03/2020)
7
(PDF)Meaning of Leadership According to Islam, 2012 https://ukm.pure.elsevier.com/en/publications/meaning-of-
leadership-according-to-islam (Accessed on 07/03/2020)

13
and the Messenger if you indeed believe in Allah and the Last Day; that is better and more
commendable in the end.

In the verse above, it can be seen that in Islam there is a system of leadership outlined in the
Quran. The leaders are to be obeyed, and they call to the truth.8

a. Characteristics/Attributes of A Leader Needs in Islam

To be a leader, one needs to be fitted in all the characteristics outlined by the Holy Quran. This
is exactly to ensure that a leader shows good manner and example to other people, so that
everyone follows him to the right path as mentioned in the Quran.

Such characteristics of a leader required can be seen in the history of Talut (Saul) when he was
appointed as a King by Allah. It has been narrated in the Holy Quran, surah al-Baqarah, verse
246 until verse 247, which states that: Have you not thought about the group of the Children of
Israel after (the time of) Musa (Moses)? When they said to a Prophet of theirs, “Appoint for us a
king and we will fight in Allah’s Way.” He said, “Would you then refrain from fighting, if
fighting was prescribed for you?” They said, “Why should we not fight in Allah’s Way while we
have been driven out of our homes and our children (families have been taken as captives)?” But
when fighting was ordered for them, they turned away, all except a few of them. And Allah is
All-Aware of the Zalimun (polytheists and wrongdoers) And their Prophet (Samuel) said to them,
“Indeed Allah has appointed Talut (Saul) as a king over you.” They said, “How can he be a king
over us when we are better fitted than him for the kingdom, and he has not been given enough
wealth.” He said: “Verily, Allah has chosen him above you and has increased him abundantly in
knowledge and stature. And Allah grants His Kingdom to whom He wills. And Allah is All-
Sufficient for His creatures’ needs, All-Knower.”

These verses clearly indicated that two important characteristics of leadership are: (i) knowledge
and, (ii) power. Knowledge is important as it is a tool to guide the king or leader to the right path
so he is able to comprehend the situation wisely due to his sufficient knowledge and then the
important of power is follow as he should have such power to take decision accordingly. If he
does not have power then he is unable to implement his decisions. Power refers to the

8
Leadership in the Quran, Mar 10, 2017 https://www.medinaminds.com/leadership-in-the-quran/ (Accessed on
07/03/2020)

14
psychological decision and physical power. So, any person who is strong in his decisions and is
able to cope with circumstances with bravery; he should be chosen as leader.

Furthermore, besides knowledge and power, justice, patience, sound judgments are also
important characteristics/attributes which should be possessed by the leader.

In Surah Sad, Allah has narrated the incidence of Daud (a.s) who once gave a decision in favor
of the first party without listening the opinion of the other party. Allah then corrected him on that
instance and guided him that he should listen to the opinion of the other party in future, thus to
produce a fair and justice decision for both parties.9

This incidence has been narrated in Holy Quran in the following manner:

“We made his kingdom strong and gave him wisdom and sound judgment in speech and decision.”
(38:20)

“And has the news of the litigants reached you? When they climbed over the wall into (his)
Mihrab (a praying place or a private room)” (38:21)

“When they entered in upon Dawud he was terrified of them, they said: “Fear not! (We are) two
litigants, one of whom has wronged the other, therefore judge between us with truth, and treat us
not with injustice, and guide us to the Right Way.” (38:22)

“Verily, this my brother (in religion) has ninety nine ewes, while I have (only) one ewe, and he
says: “Hand it over to me, and he overpowered me in speech.” (38:23)

“Dawud said (immediately without listening to the opponent): “He has wronged you in
demanding your ewe in addition to his ewes. And, verily, many partners oppress one another,
except those who believe and do righteous good deeds, and they are few.” And Dawud guessed
that We have tried him and he sought Forgiveness of his Lord and he fell down prostrate and
turned (to Allah) in repentance.” (38:24)

“So We forgave him that, and verily, for him is a near access to Us, and a good place of (final)
return (Paradise).” (38:25)

9
Qualities of a good leader according to Quran and Sunnah, Allama Ibtisam Elahi Zaheer
http://islamiliveforit.blogspot.com/2011/07/qualities-of-good-leader-according-to.html (Accessed on 07/03/2020)

15
“O Dawud! Verily! We have placed you as a successor on earth, so judge you between men in
truth (and justice) and follow not your desire for it will mislead you from the Path of Allah. Verily!
Those who wander astray from the Path of Allah (shall) have a severe torment, because they
forgot the Day of Reckoning.” (38:26)

These verses clearly indicate two other characteristics of leadership which are: (i) patience and,
(ii) justice.

Another important characteristic needs to be highlighted required to be possessed by the leader

is communication skill. A leader is greatly needed to be excellent in communication so that he
can convince people. When Musa (a.s) was bestowed with Prophet hood he invoked Allah to
bless his brother Haroon as his associate the reason given by Musa (a.s) has been mentioned in
Holy Quran, in Surah Al-Qasas, verse 34, which states: “And my brother Harim (Aaron) he is
more eloquent in speech than me so send him with me as a helper to confirm me. Verily! I fear
that they will belie me.”

Similarly, piety and simplicity are two other important characteristic which should be possessed
by leader. Allah said in the Holy Quran, in Surah Al-Hujurat, verse 13, which is read as: “Verily,
the most honorable of you with Allah is that (believer) who has At-Taqwa [i.e. one of the
Muttaqun (pious). Verily, Allah is All-Knowing, All-Aware.”

The Caliphs of Rasulullah (S.A.W) such as Abu Bakar, Umar, Uthman and Ali Ridhwanillahee
aliehim ajmaeen were all pious and simple people but ruled the globe and proved themselves as
successful leaders of their age.

As to conclude the discussion upon the characteristics required to be possessed by such a leader,
one needs to be knowledgeable, powerful, has sound judgment, patience, justice, communication
skills, piety, simplicity and truth.10

Prophet Muhammad (Peace Be Upon Him) said: “No one is to judge between two people when
he is angry.”11

6. Conclusion

10
Ibid.
11
Narrated by Bukhari and Muslim

16
From the illustration above, this can be related to Section 6 (1) of the Syariah Court in which His
Majesty Sultan dan Yang Di-Pertuan is given trust and responsibilities to appoint such a leader
after being consulted by the President of the Majlis. As it is well-known to the entire world that
in Brunei Darussalam, His Majesty Sultan dan Yang Di-Pertuan is the King of the country, thus
the highest authority amongst the citizen of Brunei Darussalam. He is then given the
responsibility to appoint a Chief Syar’ie Judge as to be the leader amongst the other judges;
however, this position needs to be seen based on the personality of such person and also his
experience in handling legal issues or problems relating with the religion of Islam, indeed.

There is several importance of why justice is needed in life. It was mentioned in the Qur’an, the
sacred scripture of Islam, justice is considered as a supreme virtue. Allah declares in the Qur’an:

“Allah commands justice and fair dealing.”12

One may conclude that justice is an obligation of Islamic and injustice is forbidden. To render
justice, in the words of Sarkhasi, ‘ranks as the most noble acts of devotion next to belief in God.
It is the greatest of all the duties entrusted to the prophets, and it is the strongest justification for
man’s stewardship of earth.’13

The qualification of a judge must possess are stated in the law. They must be free, sane, adult,
trustworthy, and a Muslim. The performances of a judge must be congruent with Shariah without
using their own interpretation. The judges should judge with justice. Prophet mentioned there are
three types of judges: “Judges are of three types: one in paradise and two in Hell. The one in
paradise is he who knows the truth and judges according to the truth. There is another person who
judges wrongly despite knowing the truth, and there is the person who judges while ignorant and
they are in Hell.”14

12
16:90
13
Sarkhasi, Shams al-Din, ‘al-Mabsut’, vol. 14, p.59-60
14
Narrated by Abu Dawood

17