Introduction

Islamic judiciary system The Islamic state expanded considerably during the early Hijri centuries. As various races and ethnicities mixed within the framework of the Islamic civilization, it was necessary to have a stable, distinguished and organized judiciary system in the Islamic state. So, the judiciary system has been established and developed since the era of the Prophet (peace be upon him).

Judiciary in the era of the Prophet and caliphs

The Prophet (peace be upon him) used to settle disputes among litigants. The caliphs after him also used to assume judiciary by themselves. When the Islamic state expanded and Muslims mingled with others and the caliph’s tasks increased, independent judges were appointed to act on behalf of the caliph in settling disputes. That was in the era of Umar ibn Al-Khattab (may Allah be pleased with him), as “he appointed Abu Al-Darda as a judge in Medina, Shurayh in Basra, and Abu Musa Al-Ash'ari in Kufa. Umar sent Abu Musa Al-Ash'ari a famous book on rulings of judges”. [1]

Judiciary in Umayyad dynasty

The judiciary system went through significant developments during the Umayyad era. The Umayyad caliphs abandoned the practice of judiciary, as it was in the era of the Prophet and the rightly guided caliphs. They separated between authorities, but they kept three important things, namely the direct appointment of judges in the capital of the caliphate, Damascus; the supervision of the work of judges and their decisions and the follow-up of their own affairs of appointment and dismissal; and the supervision of judicial conduct of judges. Umayyad caliphs practiced the judiciary of complaints and that of enjoining what is right and forbidding what is right. They paid due attention to the judiciary of complaints and established an independent body for it. [2]

Judiciary in Abbasid dynasty

The administrative organization of judiciary reached its peak in the Abbasid era, as many judiciary organizations emerged. The Abbasid caliphs have realized the importance of judiciary since the establishment of their state. They addressed the weakness that afflicted the judiciary system at the end of the Umayyad caliphate. Caliph Abu Ja’far Al-Mansur, who is the real founder of the Abbasid caliphate, saw that judge was one of the four pillars that the State can not do without. [3]

As the states of the Islamic caliphate increased, rulers of these states were responsible for the appointment of judges in their states. A new position, namely the chief judge, appeared in the Abbasid era. The chief judge was appointed in the capital Baghdad, but he was entitled to appoint, observe and dismiss judges of states. So, the judicial authority was totally independent under the Abbasid caliphate. Famous judge Abu Yusuf, the judge and minister of Abbasid Caliph Harun Al-Rashid, was the first judge to be entitled to appoint, observe and dismiss judges of states. He was entitled to appoint judges in Iraq, Khorasan, Egypt and the Levant. [4]

As a result of the expansion of the judiciary system, the Abbasid caliphate appointed aides for the judge – the chief judge and the judges of states – to help him with the judiciary affairs. Those aides included the following:

Deputy Judge who was deputized by the judge to assume judiciary in cities and villages and to replace the judge if the latter is absent.

Judge’s Clerk/Court’s Clerk who was responsible for documenting the words of the parties, witnesses and the judge. He was also in charge of ordering the legal cases according to the presence of litigants, and then presents them to the judge without bias to anyone except for those who traveled or those who have excuses.

Caller is the one used to stand behind the judge to call the litigants.

Bailiff is the one usually was a member of the police or the guards. He used to organize the work of the judge, maintain order, and order the sitting of men and women in the courtroom.

Issues official, whose post was created in the Abbasid era, he was in charge of examining the cases that the judge asked him to examine. Judge Muhammad ibn Abd-al-Rahman ibn Abu Layla, the friend of Abu Hanifah, was the first to have that aide. Al-Kindi said that Al-Mufaddal ibn Fudalah, who assumed judiciary in Egypt in 174 AH, had an issues official to ask about the witnesses and to check their fairness.

Distributor is the one who was in charge of distributing the rights among litigants and setting borders between their real estate. He was also called the accountant. Al-Mawardi identified the qualities and conditions of that post.

Secretaries are those assigned by the judge to some jobs, such as keeping the funds of orphans, minors, persons lacking legal capacity and absentees, and saving the property until it is divided between the heirs. Judge Swar ibn Abdullah was the first to use secretaries and assign them the task of maintaining funds.

Court’s treasurer is the one in charge of keeping the judge’s papers, documents, records and deposits in a special place.

Translator is the one in charge of translating the words of non-Arab plaintiffs and litigants, the number of translators increased in the Abbasid period, as many people joined the umbrella of Islam and the Islamic Caliphate. [5]

The manifestations of trials are numerous and diverse in the Islamic civilization. The most astonishing thing was the measure taken to summon litigants before a judge. In Andalusia, judges applied an innovative system, namely the system of “seal”. A judge used to put his signature and seal on a paper to be sent to the litigants without difference between a prince and an ordinary man. [6]

[1]  Ibn Khaldun: Al-Ibar wa Diwan Al-Mubtada wa Al-Khabar 1/221.

[2]  Muhammad Al-Zuhayli: Tarikh Al-Qada fi Al-Islam (the history of judiciary in Islam), p166-167.

[3]  See: Al-Tabari: Tarikh Al-Umam wa Al-Muluk (the history of nations and kings) 4/520.

[4]  Arnus: Tarikh Al-Qada (the history of judiciary) quoting Muhammad Al-Zuhayli: Tarikh Al-Qada fi Al-Islam, p228.

[5]  Muhammad Al-Zuhayli: Tarikh Al-Qada fi Al-Islam (the history of judiciary in Islam), p246-250.

[6]  See: Al-Khashni: Qudat Qurtubah (the judges of Cordoba), p150, 151.

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