THE IMPACT OF THE ABSENCE OF THE RULER ON JUDICIAL RULINGS

Abstract

Justice is the foundation of governance, and the judiciary is the cornerstone of justice. There can be no justice without a judiciary, and no judiciary without an Imam (head of state) to oversee and supervise its affairs. This research addresses the issue of the absence of the Imam (head of state) due to emergency circumstances and what is incumbent upon Muslims in such situations. It also examines the legitimacy of judicial rulings issued in the absence of the ruler and the resulting consequences. The methodology followed in this research is the inductive-analytical method. The researcher concludes that just judiciary cannot function without a ruling authority. When individuals or groups take it upon themselves to enforce punishments, it leads to more harm than the anticipated benefits. If the judiciary is not grounded in legitimate principles in its rulings and applications, we will not witness the fruits of justice in society. Instead, the judiciary will merely become a tool in the hands of governments and influential groups within society.

Keyword: Justice, absence of the Imam, judicial rulings.