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Government Influence and the Judiciary

10:16 / 09.12.2019 337 Reading mode + -

The Independence of the Judiciary

Islamic Law, through the sacred texts and through its basic principles, prohibits the governing officials from interfering with or influencing the decisions of the court in any way.  Islamic Law, in its general principles and individual statutes, seeks to realize its primary objective of establishing justice on the foundation of monotheism.  Monotheism is not just lip service. It is realized through actions that verify the profession of faith. These actions must entail carrying out the commandments of Allah and preventing what Allah has prohibited. This is a collective responsibility of Muslim society.

This requires that Allah’s commands and prohibitions be applied as the standards of truth and justice.  Whatever Allah has commanded is truth and justice and whatever He has forbidden is falsehood and oppression.  Consequently, prohibiting what Allah has forbidden is truth and justice.

There are numerous verses in the Quran that command justice and forbid oppression.  Almighty Allah says:

'Allah commands justice, and goodness, and generosity towards relatives. And He forbids immorality, and injustice, and oppression. He advises you, so that you may take heed.' (Surah an-Nahl, 90)

And Allah says:

'...and let not the hatred of a certain people prevent you from acting justly. Adhere to justice, for that is nearer to piety; and fear Allah. Allah is informed of what you do.' (Surah al-Maidah, 8)

And Allah says:

'...Those who do not rule according to what Allah revealed are the unbelievers.' (Surah al-Maidah, 44)

In the hadith, Allah’s Messenger peace be upon him relates:

"Allah, the Exalted, and Glorious, said; 'O My slaves, I have prohibited Myself injustice; and have made oppression unlawful for you, so do not oppress one another.'' (Saheeh Muslim)

These are but a few of the sacred texts that show the obligatory nature of judging with justice and with what Allah has revealed.  This is a general command, equally applicable to the one who governs and the one who is governed.

In the past, the political leaders of the Muslim state understood that justice – by which the heavens and the Earth are kept right – is the basis for governing in Islam.

Source: Islamland

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