QUAID-E-AZAM LAW COLLEGE LAHORE

LLB I
ISLAMIC JURISPRUDENCE

Q: What is the judicial system of an Islamic state? Discuss the qualifications of a

QAZI in Islamic law?

INTRODUCTION
(5:42)
“and if you judge, judge with justice between them. Verily Allah loves
those who act justly”
JUDICIAL SYSTEM OF AN ISLAMIC STATE
JUDICIARY AS AN ORGAN OF GOVERNMENT
JUDICIARY BEFORE ISLAM
1. No written law
2. Custom ---sole source of law
3. Rules of natural justice prevailed
4. Decisions were not binding
5. Decisions carried only moral force
6. Hilf-al-fazul incident
7. No concept of independence of judiciary
INTRODUCTION OF INDEPENDENCE OF JUDICIARY BY
ISLAM
---------“I swear by Allah that if Fatma would have stolen, I would have her
hands cut off”
DEFIFNITION OF QAZI
“Qazi is the religious judge working under the guidance of the shariah”
Jama-ul-jawami
QUALIFICATIONS OF A QAZI
1. Muslim
2. gender
a. hanfies :women can but not in hadud and retaliation cases as she is not
competent to witness in these cases
b. shafies: women can never be qazi
3. Adult
4. Free man
5. Spends blameless life
6. Learnt the sharia
7. Virtuous
8. Assisted by mufti (not compulsory in hanafi law)
9. Have command of Islamic injunctions
10. Possess power to decide
11. Knows rules of interpretation
12. Knowledge of norms of justice
strong faith in Allah
13. Capability to maintain equality
 14. Does not differentiates between different sectors
15. Does not have short temperament
16. Clarity of decisions
17. Avoids meeting with parties at residence
18. Impartiality
19. Does not exercise corruption
20. Knows writing skills
21. Acts gracefully
22. Aqil
23. just
24. jurist
25. capability of qias
26. fearless
27. courageous to say truth
28. full sensory perceptions
29. upright character
30. fulfill requirements of Tazkia tul shahud
DISQULIFICATION OF QAZI
(5:[44,45,47])
“If any do fail to judge by the light of what Allah hath revealed,
they are those who disbelieves
they are the the unrighteous
they are the transgressors”
APPOINTMENT OF QAZI
a) By
i. Imam
ii. Caliphs
iii. Sultan
iv. Governors
b) Limited to
i. Fixed term
ii. Jurisdiction
c) More than 1 can be appointed
DUTIES OF QAZI
a. Custodian of property and person of minor insane idiots etc
b. Look after wakf property
c. Manage the affairs of wakf
d. Maintain justice
(5:48)
“Decide their disputes according to the revealed law of Allah, and do not follow
their wishes”
CONCLUSION
“Where a judge gives a decision, having tried his best to decide correctly and
is right, he will have a double reward, and when he gives a decision having tried his
best to decide correctly and is wrong, he will have a single reward”
[Hadith]