The State of the Judiciary in Early Islam

Abstract

Due to the formation and existence of conflicts in human societies from the distant past until now, the issue of justice has always been very important. Accordingly, in the Holy Qur'an and the Prophet's (PBUH) history, judiciary has taken a prominent place. After the Prophet (PBUH), the issue of judiciary has continued to be the focus and attention of the caliphs and rulers, especially the rightly caliphs. The treatise on judicial review is in the history of early Islam. Based on this, this is an investigation into the history of judiciary in Islam, the image of its character, the judiciary in the early days of Islam, and this shows the general purpose of this article., to complete the content of this article from authoritative books such as: alnizam alqada' fi alfiqh al'iislamia bad aye alsanaye, nizam alqada' fi alsharieat al'iislamia and other books have been used, and the results show that the jurists have defined judiciary in such a way that judiciary is the means the termination of hostilities due to the manifestation of a Sharia ruling in that regard. Considering the importance of judiciary in Islam, the Holy Prophet (peace and blessings of Allah be upon him) used to judge personally for the purpose of ensuring justice and the realization of public rights, and he resolved the cases and listened to the speech of the parties in the dispute and always told both sides the truth and They invited honestly. Also, the rightly caliphs (may God be pleased with them) always tried to assign the task of judiciary to people who are trusted among the people of the society, who have patience and good character, and who have self-governance and the ability of diligence.