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The Judicial System in Islam : Its Legal Basis and Islam Ruling

Defining the Judicial System and its Legal basis


The judicial system in Islam is a system for deciding between people in litigation with the aim of settling their disputes in accordance with the injunctions of the Divine Law, injunctions that are taken from the Quran and Sunnah.

All of the Messengers of God (may God praise them all) acted as judges. God says:

“And remember David and Solomon, when they gave judgment concerning the field when people’s sheep had browsed therein at night, and We were witness to their judgment. And We made Solomon to understand the case. And to each of them We gave good judgment and knowledge.” (Quran 21:78-79)


God also says:

“O David, verily we have placed you as a successor on Earth, so judge between people in truth, and do not follow your desires for it will mislead you from the path of God. Verily, those who stray from the path of God have a severe punishment because they forgot the day of reckoning.” (Quran 38:26)


Prophet Muhammad, who came with the final and eternal Message, was ordered by God to pass judgment in disputes just as he was ordered to spread the word of God and call people to Islam. This is mentioned in the Quran in a number of places. God says, for instance:


“So judge (O Muhammad) between them by what God has revealed and do not follow their vain desires, but beware of them lest they turn you away from some of what God has sent down to you.” (Quran 5:49)


God also says:

“…And if you judge (O Muhammad), judge between them with justice. Verily, God loves those who act justly.” (Quran 5:42)


And He says:

“But no, by your Lord, they shall have no faith until they make you (O Muhammad) judge in all their disputes and find in themselves no resistance against your decisions and accept them with full submission.” (Quran 4:65)


The Sunnah also provides for the legal basis of the Islamic judicial system. It is related by Amr b. al-Aas that the Prophet said:
“If a judge gives a judgment using his best judgment and is correct, then he receives a double reward (from God). If he uses his best judgment but makes a mistake, then he receives a single reward.” (Ahmed)


God’s Messenger said:

“You should not wish to be like other people, except in two cases: a man who God has given wealth and he spends it on Truth and another who God has granted wisdom and he gives verdicts on its basis and teaches others.” (Saheeh Al-Bukhari, Saheeh Muslim)
Many scholars have related to us that there is consensus among Muslims on the legal status of the judicial system in Islam. Ibn Qudamah says:

“The Muslims are unanimously agreed that a judicial system must be established for the people.”The Islamic Ruling Concerning the Judiciary
The jurists agree that the duties of the judge are an obligation that must be carried out by society. If some members of society carry out this duty, it is sufficient for everyone. If, on the other hand, everyone neglects it, then everyone in society is sinful.
The proof that these duties are obligatory comes from the Quran:

“O you who believe! Stand out firmly for justice...” (Quran 4:135)


It is only necessary for a small number of individuals to perform judicial duties since judicial concerns come under the broad duty of enjoining what is right and forbidding what is wrong. It is not obligatory for every individual to carry out this duty as long as some people are doing so.

The affairs of the people will not be correct and upright without a judicial system. It is, consequently, obligatory for one to exist, just like it is necessary to have a military. Imam Ahmad, one of the greatest and most well-known scholars of Islam said:

“People have to have a judicial authority or their rights will disappear.”
The duties of the judiciary include enjoining what is right, helping the oppressed, securing people’s rights, and keeping oppressive behavior in check. None of these duties can be performed without the appointment of a judiciary.

A judicial system is a necessity for the prosperity and development of nations. It is needed to secure human happiness, protect the rights of the oppressed, and restrain the oppressor. It is the way to resolve disputes and ensure human rights. It facilitates enjoining what is right, forbidding what is wrong, and curbing immoral behavior. In this way, a just social order can be enjoyed by all sectors of society, and every individual can feel secure in his life, property, honor, and liberty. In this environment, nations can progress, civilization can be achieved, and people are free to pursue what will better them both spiritually and materially.



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JESUS in the QURAN

The Islamic view Jesus lies between two extremes. The Jesus, who rejected Jesus as a Prophet of God, called him an impostor. The Christians, on the other hand, considered him to be the son of God and worship him as such. Islam considers Jesus to be one of the great prophets of God and respects him as much as Ibrahim (Abraham), Moses, and Mohammed. (Peace Be Upon Them) This is conformity with the Islamic view of the oneness of God, the oneness of Divine guidance, and the complementary role of the subsequent mission of God’s messengers.The essence of Islam - willing submission to the will of God - was revealed to Adam, who was passed it on to his children. All following revelations to Noah, Ibrahim, Moses, Jesus, and finally Mohammed (Peace Be Upon Them) were conformity with that message, with some elaboration to define the revelation between man and God, man and man, man and instructions. Thus, any contradictions among revealed religions is viewed by Islam as a man-made element introduced into these religions. The position of Jesus in the three major religions - Judaism, Christianity, and Islam - should not be an exception.Although the Quran does not present a detailed life-story of Jesus, it highlights the important aspects of his birth, his mission, his ascension to heaven, and passes judgements on the Christian beliefs concerning him.


The Quranic account of Jesus starts with the conception of his mother, Mary, whose mother, the wife of Imran, vowed to dedicate her child to the service of God in the temple. When Mary became a woman, the Holy Spirit (the Archangel Gabriel) appeared to her as a man bringing her news of a son. We read the following dialogue in the Quran between Mary and the Angel:"When the angel said, "Mary, god gives you a good tidings of a Word from Him whose name is messiah, Jesus, son of Mary, -high honoured shall he be in this world and the next, near stationed to God. He shall speak to men in the cradle, and of age, and righteous he shall be, "lord" said Mary "How shall I have a son, seeing no mortal has touched me? "Even so, he said "God creates what He will".When he decrees a thing He but say to it, "Be", and it is. (Al-Imran 3:45-47)In a chapter (Surah) entitled "Maryam" (Mary), the Quran tells us how Mary gave birth to her son, and how the Jesus accused her when she brought the child home:"Then she brought the child to her folk, carrying him, and they said, "Mary, you have surely committed a monstrous thing. Sister of Aaron, your father was not a wicked man, nor your mother a woman unchaste. Mary pointed to the child; but they said, ‘Hoe shall we speak to one who still in the cradle, a little child. And he said, ‘Lo, I am God’s servant, God has given me the Book and made me a Prophet Blessed He has made me ,wherever/may be; and hi has enjoined me to prayer, and to give the alms so long as I live, and likewise to cherish my mother; He has not made me arrogant and wicked. Peace be upon me, the day I was born, and the day I die, and the day I am raised up a live. "Maryam 19:29-33)in the same chapter, following the above quotation, God assures Mohammed (PBUH) and through him the whole world, that what is told above is the TRUTH about Jesus (PBUH), although Christians might not accept it. Jesus is NOT the son of God: He was obviously enough, the son of Mary. The verses continue: "That is Jesus, son of Mary, in word of truth, concerning which they are doubting. It is not for God to take a son unto Him. Glory be to Him, He nut says to it, ‘Be, and it is. (Maryam 19:34-35)After this strong statement about the nature of Jesus, God directed Mohammed (PBUH) to call the Christians to worship the one God: "Surely God is my God, and your God, so surely serve him. This is the straight path". (Maryam 19:36)The rejection of the very idea of God having a son is restated later in the same chapter with even stronger words: "And they say, The All-merciful has taken unto Himself a son. You have indeed advanced something hideous. As if the skies are about to burst, the earth to split asunder and its mountain to fall down in the utter ruin for that they have attributed to the All-merciful a son; and behaves not the All-merciful to take a son. None there in the heavens and earth but comes to the All-merciful as a servant" (Maryam 19:88-93)The Quran recognizes the fact that Jesus had no human father, but this does not make him the son of God, or God himself. By this criterion, Adam would have been more entitled more entitled to be the son of God, because he had neither a father nor a mother, so the Quran draws attention to the miraculous creation of both in the following verses; " truly the likeness of Jesus, in God’s sight is as Adam’s likeness; He created him of dust, then He said upon him, ‘Be’ and hi was. (Al-Imran 3:59)The Quran rejects the concept of Trinity God the Father, God the son, God the Holy Spirit - as strongly as it rejects the concept of Jesus as the son of God. This is because GOD IS ONE. Three cannot be one. The Quran addresses Christians in the following verses from the Surrah entitled "An-Nisaa" (The Women)People of the Book, do not go beyond the bounds in your religion, and say nought as to God but the Truth. The messiah, Jesus, son of Mary, was only the messenger of God, and his word (Fulfilment of his word (Fulfilment of His command, through the word "Be", for the creation of Jesus) that he committed to Mary, and a spirit originating from Him (was given life by God). So believe in God and His Messengers, and say not ‘Three’. Refrain, better is for you. God is only one God. Glory be to him-that He should have a son! To Him belongs all that is in the Heavens and in the Earth; God suffices for a guardian.The Messiah will not disdain to be a servant of God, neither the Angels who are close to Him. Whosoever disdains to serve Him and walks proud, He will assuredly muster them to Him, all of them.As for the believers, who do deeds of righteousness, we will pay them their rewards in full, and He will give them more, of His bounty; as for them who disdain and walks proud, then He will punish with a severe punishment, and they shall not find for them, apart from God, a friend or helper." (An-Nissa 4:171-173)The denial of Jesus’s divinity (and. For the matter, of Mary’s divinity) is presented in the Quran in the form of a dialogue, at the Day of Judgement, between the Almighty Jesus. All the Messengers and their nations will gather before God and He will ask the Messengers how they were received by their people and what they said to them. Among those who will be questioned is Jesus:"And when God said, ‘O Jesus, son of Mary, did you say unto men, "Take me and my mother as gods, apart from God"? He said, ‘To you be glory! It is not mine to say what I have no right to. If I indeed said it, you would have known it, knowing what is within my heart, though I do not know your knowledge; you know the things unseen. I only said to them what you did commands me: "Serve God, my God and your God." (Al-Maida 5-116)Given that the Quran denies the Trinity and the son ship of Jesus, what, according to the Quran, was the real mission of Jesus? The answer is that Jesus was a link in a long chain of Prophets and Messengers sent by God to various nations and societies whenever they needed guidance or deviated from his teachings of Moses and other Messengers. As he was miraculously supported by numerous miracles to prove that he was a Messengers from God. However, the majority of the Jews rejected his ministry.In another verse of the Quran, Jesus confirmed the validity of the Torah which was revealed to Moses, and also conveyed he glad tidings of a final Messenger who follow him: "And when Jesus son of Mary said, ‘Children of Israel, I am indeed the Messenger to you, confirming the Torah that is before me, and giving good tiding of a Messenger who shall be the praised one."(As-Saff 61:6)Note that "praised one" is a translation of "Ahmad" - The Prophet Mohammed’s name. Careful study of the New Testament shows that Jesus refers to the same Prophet in John 14:16-17: "And I will give you another Counsellor (ThProphet Mohammed). To be with you for ever, even the Spirit of Truth."The usual explanation of this Prophecy is that the counsellor referred to is the Holy Spirit, but this explanation is excluded by a previous verse in John: "Nevertheless I tell you the truth: it is to your advantage that I go away, for if I do not go away, the Counsellor will not come to you."The characteristics of this counsellor, as can be derived from the prophecy, are that he will stay forever with the believers, he will glorify Jesus; and he will speak that he hears form God. All four characteristics apply to the Prophet Mohammed. He came six centuries after Jesus. He came six centuries after Jesus. He came with a universal and everlasting message, fulfilling the prophecy that the counsellor will stay forever with the faithful. He glorified Jesus as a great Prophet. The Quran attributes to Jesus miracles not mentioned in the Bible’s Old and New Testaments, as well as specific verses in the Quran show how the Prophet Mohammad is rejected by Jews and Christians out of prejudice and misunderstanding, rather that carefully study the Bible.It is a sad fact of history that not many are following the "straight path" to which people were called by Jesus. He was only followed by a few disciples inspired by God to support him. The non-believers plotted - as they would against Mohammed, six centuries later - to kill Jesus. But God had better plan for him and his followers, as the Quran tells us:"And when Jesus perceived their unbelief, he said ‘Who will be my helpers in the cause of God? The apostles said, ‘we are Gods helpers. We believe in God; so bear witness of our submission God, we believe in that you have sent down, and we follow the Messenger. Inscribe us therefore with those who bear witness. ‘And they devised, and God devised, and God devised, and God is the best of divisors. When God said, ‘Jesus, I will take you to Me and will raise you to Me, and I will purify you (of the falsehoods) of those who do not believe. I will make your followers above the unbelievers till the Resurrection Day."(Al-Imran 3:52-55)As the above verses indicate, Jesus was taken and raised to heaven. He was not crucified. It was certainly the plan of the enemies of Jesus to put him to death on the cross, but God saved him and someone else was crucified:"And for their unbelief, and their uttering against Mary a grave false charge, and for their saying, ‘We killed the messiah, Jesus son of Mary, the Messiah of God"…yet they did not slay him, neither crucified him, only a likeness of that was shown to them. Those who are at variance concerning him are surely in doubt the following of conjecture; and they did not kill him of certainty…no indeed; God raised him up to Him; God is Almighty, Allwise. There is not one of the people of the book but will assuredly believe him before his death, and on the Resurrection Day he will be a witness against them." (An-Nissa 4:156-159)The Quran does not explain who was the person crucified instead of Jesus, nor elaborate on the Second Coming of Jesus. However, explanators of the Quran have always interpreted the last verse of the above quotation to mean that Jesus will believe in him before he dies. This understanding is supported by authentic sayings (Hadith) of the Prophet Mohammed may the peace and blessings of Allah him and upon all His Messengers .

The Expansion of the Universe in the Quran

In 1929, in the California Mount Wilson observatory, an American astronomer by the name of Edwin Hubble made one of the greatest discoveries in the history of astronomy. While he observed the stars with a giant telescope, he found out that the light from them was shifted to the red end of the

spectrum and that this shift was more pronounced the further a star was from the earth.

This discovery had an electrifying effect in the world of science, because according to the recognized rules of physics, the spectra of light beams traveling towards the point of observation tend towards violet while the spectra of the light beams moving away from the point of observation tend towards red. During Hubble’s observations, the light from stars was discovered to tend towards red. This meant that they were constantly moving away from us.

Long before, Hubble made another very important discovery: Stars and galaxies moved away not only from us, but also from one another. The only conclusion that could be derived from a universe where everything moves away from everything else is that the universe constantly ‘expands’.

To better understand, the universe can be thought of as the surface of a balloon being blown up. Just as the points on the surface of a balloon move apart from each other as the balloon is inflated, so do the objects in space move apart from each other as the universe keeps expanding.

In fact, this had been theoretically discovered even earlier. Albert Einstein, who is considered the greatest scientist of the century, had concluded after the calculations he made in theoretical physics that the universe could not be static.However, he had laid his discovery to rest simply not to conflict with the widely recognized static universe model of his time. Later on, Einstein was to identify his act as ‘the greatest mistake of his career’. Subsequently, it became definite by Hubble’s observations that the universe expands.

What importance, then, did the fact that the universe expands have on the existence of the universe? The expansion of the universe implied that if it could travel backwards in time, the universe would prove to have originated from a single point. The calculations showed that this ’single point’ that harbored all the matter of the universe should have ‘zero volume’ and ‘infinite density’. The universe had come about by the explosion of this single point with zero volume. This great explosion that marked the beginning of the universe was named the ‘Big Bang’ and the theory started to be so called.

It has to be stated that ‘zero volume’ is a theoretical expression used for de******ive purposes. Science can define the concept of ‘nothingness’, which is beyond the limits of human comprehension, only by expressing it as a point with zero volume’. In truth, ‘a point with no volume’ means ‘nothingness’. The universe has come into being from nothingness. In other words, it was created.The Big Bang theory showed that in the beginning all the objects in the universe were of one piece and then were parted. This fact, which was revealed by the Big Bang theory was stated in the Quran 14 centuries ago, when people had a very limited knowledge about the universe; Allaah says (what means): "Have those who disbelieved not considered that the heavens and the earth were a joined entity, and We separated them and made from water every living thing? Then will they not believe?" [Quran 21:30]

As stated in the verse, everything, even the ‘heavens and the earth’ that were not yet created, were created with a Big Bang out of a single point, and shaped the present universe by being parted from each other.

When we compare the statements in the verse with the Big Bang theory, we see that they fully agree with each other. However, the Big Bang was introduced as a scientific theory only in the 20th century.

The expansion of the universe is one of the most important pieces of evidence that the universe was created out of nothing. Although this fact was not discovered by science until the 20th century, Allaah has informed us of this reality in the Quran (revealed 1,400 years ago) saying (what means): " And the heaven We constructed with strength, and indeed, We are [its expander."[Quran 51: 47]

Who is Mohammad ?

Muhammad was born in Makkah in the year 570, at a time when Christianity was not yet fully established in Europe. Since his father died before his birth, and his mother shortly afterwards, he was raised by his uncle from the respected tribe of Quraysh. As he grew up, he became known for his truthfulness, generosity and sincerity and was sought after for his ability to arbitrate in disputes. The historians describe him as calm and contemplative. Muhammad was of a deeply religious nature, and had long detested the decadence of his society. It became his habit to contemplate from time to time in the Cave of Hira near the summit of Jaba al-Nur, the ‘Mountain of Light’ near Makkah.

HOW DID HE BECOME A PROPHET AND A MESSENGER OF GOD ?

At the age of 40, while engaged in a meditative retreat, Muhammad,peace be upon him, received his first revelation from God through the Angel Gabriel. This revelation, which continued for 23 years, is known as the Quran. As soon as he began to recite the words he heard from Gabriel, and to preach the truth which God had revealed to him, he and his small group of followers suffered bitter persecution which grew so fierce that in the year 622 God gave them the command to emigrate. This event, the Hijra, ‘migration’, in which they left Makkah for the city of Madinah some 260 miles to the north, marks the beginning of the Muslim calendar.

After several years, the Prophet and his followers were able to return to Makkah, where they forgave their enemies and established Islam definitively. Before the Prophet died at the age of 63, the greater part of Arabia was Muslim, and within a century of his death Islam had spread to Spain in the West and as far East as China.