The principles of the judicial system in Islam and their impact on some contemporary judicial systems

Abstract

Allah Almighty legislated His true religion and made it a system for the righteousness of the world and the religion. The righteousness of the world and religion will come only with the judiciary, which gives everyone his right. The judicial system in Islam preceded the contemporary judicial system with its lofty principles. This has directly or indirectly influenced the principles of justice and equality to which contemporary justice systems aspire. Therefore, the issue raised here in this research was to present the most important of these general principles of Islamic judiciary and to indicate a part of their impact on some contemporary laws and judicial systems. The objectives of this research were represented as follows: stating what is meant by the judiciary in language and law, presenting the most important principles of Islamic judiciary and representing the impact of the lofty principles of Islamic judiciary in some contemporary judiciary systems. It reached the most important conclusions which are as follows: The jurists share - in their definition of the judiciary - that the judiciary is based on obligation, not just mention the party and position of the right. Therefore, injustice is extracted from the oppressor to restore it to the right holders and give them their due. The principle of the independence of the judiciary and the principle of equality in the judiciary are among the most important principles established by Islamic law in the judiciary. The independence of the judiciary is based on pillars of a personal nature linked to the independence of the judge himself, impartiality, material and moral immunity. The other pillars have an objective nature related to the strengthening of the judiciary in such a way that makes it a real authority on an equal basis with other authorities and non-interference in its tasks and competencies from other authorities. In addition, the Islamic judiciary has preceded other contemporary and old judiciary systems as well in establishing those lofty and fair principles of the judiciary in a way that guarantees the rights of all people.