Khalifa Umar bin al-Khattab - Judicial Administration
Khalifa Umar bin al-Khattab - Judicial Administration
Umar took particular pains to provide effective and speedy justice for the people. He set up an effective system of judicial administration, "hereunder justice was administered according to the principles of Islam.
Qadis were appointed at all administrative levels for the administration of justice. Umar was the first ruler in history to separate judiciary from the executive. The Qadis were chosen for their integrity and learning in Islamic law. High salaries were fixed for the Qadis so that there was no temptation to bribery. Wealthy men and men of high social status were appointed as Qadis so that they might not have the temptation to take bribes, or be influenced by the social position of any body. The Qadis were not allowed to engage in trade. Judges were appointed in sufficient number, and there was no district which did not have a Qadi.
Umar issued 'Farmans' from time to time laying down the principles for the administration of justice. In one of the Farmans issued to Judicial Officers, Umar laid down the following principles:
"Praise to God.
Verily justice is an important obligation to God and man. You have been charged with this responsibility. Discharge the responsibility so that you may win the approbation of God and the goodwill of the people.
Treat the people equally in your presence, in your company, and in your decisions, so that the weak despair not of justice, and the high-placed have no hope of your favour.
The onus of proof lies on the plaintiff. He who denies must do so on oath. Compromise is permissible, provided it does not turn the unlawful into lawful, and the lawful into unlawful. Let nothing prevent you from changing your previous decision if after consideration you feel that the previous decision was incorrect.
When you are in doubt on a question and find nothing about it in the Quran or in the Sunnah of the Prophet, think over the question over and over again. Ponder over the precedents and analogous cases, and then decide by analogy.
A term should be fixed for the person who wants to produce witnesses. If he proves his case, get him his right. Otherwise, the suit should be dismissed.
All Muslims are reliable, except those who have been punished with flogging, or who have borne false witness or are doubtful in integrity."
History has preserved the names of some of the eminent persons who held judicial office during the caliphate of Umar.
Zaid bin Thabit was appointed by Umar as the Qadi of Madina. He was well versed is Syriac and Hebrew, and was an expert in civil law.
Ka'b-b. Sur al-Azdi was the Qadi of Basra. He was a man of keen insight and wide learning. Many of the dicta laid down by him became classical and were reported by Imam Ibn Sirin.
Ibada b. al-Samat was the Qadi of Palestine. He was one of the five men who had memorised the Holy Quran in the lifetime of tbe Holy Prophet. Umar held him in great esteem.
Abdullah b Masud was the Qadi of Kufa. He was a man of great scholarship and judicial acumen. He is considered the Father of the Hanafi law.
Qadi Shuraih succeeded Abdullah b Masud as the Qadi of Kufa. He was well known throughout the country for his intelligence and keen sense of judgment. He was regarded as a model Judge. Ali used to call him 'Aqd-ul-Arab'-i.e. the most judicious of all the Judges of Arabia.
About Qadi Shuraih's appointment as a Judge there is a story on record. It is related that Umar purchased a horse on approval, and gave it to somebody to try it. The horse got hurt in the ride, and Umar wanted to return it, but the owner refused to take it back. In the dispute that arose as a consequence, Shuraih was chosen as the arbitrator. He gave the verdict that if the horse was ridden with the permission of the owner it could be returned; otherwise not. Umar said that that was the right decision and at once appointed Shuraih as the Qadi of Kufa.
Qadis were appointed at all administrative levels for the administration of justice. Umar was the first ruler in history to separate judiciary from the executive. The Qadis were chosen for their integrity and learning in Islamic law. High salaries were fixed for the Qadis so that there was no temptation to bribery. Wealthy men and men of high social status were appointed as Qadis so that they might not have the temptation to take bribes, or be influenced by the social position of any body. The Qadis were not allowed to engage in trade. Judges were appointed in sufficient number, and there was no district which did not have a Qadi.
Umar issued 'Farmans' from time to time laying down the principles for the administration of justice. In one of the Farmans issued to Judicial Officers, Umar laid down the following principles:
"Praise to God.
Verily justice is an important obligation to God and man. You have been charged with this responsibility. Discharge the responsibility so that you may win the approbation of God and the goodwill of the people.
Treat the people equally in your presence, in your company, and in your decisions, so that the weak despair not of justice, and the high-placed have no hope of your favour.
The onus of proof lies on the plaintiff. He who denies must do so on oath. Compromise is permissible, provided it does not turn the unlawful into lawful, and the lawful into unlawful. Let nothing prevent you from changing your previous decision if after consideration you feel that the previous decision was incorrect.
When you are in doubt on a question and find nothing about it in the Quran or in the Sunnah of the Prophet, think over the question over and over again. Ponder over the precedents and analogous cases, and then decide by analogy.
A term should be fixed for the person who wants to produce witnesses. If he proves his case, get him his right. Otherwise, the suit should be dismissed.
All Muslims are reliable, except those who have been punished with flogging, or who have borne false witness or are doubtful in integrity."
History has preserved the names of some of the eminent persons who held judicial office during the caliphate of Umar.
Zaid bin Thabit was appointed by Umar as the Qadi of Madina. He was well versed is Syriac and Hebrew, and was an expert in civil law.
Ka'b-b. Sur al-Azdi was the Qadi of Basra. He was a man of keen insight and wide learning. Many of the dicta laid down by him became classical and were reported by Imam Ibn Sirin.
Ibada b. al-Samat was the Qadi of Palestine. He was one of the five men who had memorised the Holy Quran in the lifetime of tbe Holy Prophet. Umar held him in great esteem.
Abdullah b Masud was the Qadi of Kufa. He was a man of great scholarship and judicial acumen. He is considered the Father of the Hanafi law.
Qadi Shuraih succeeded Abdullah b Masud as the Qadi of Kufa. He was well known throughout the country for his intelligence and keen sense of judgment. He was regarded as a model Judge. Ali used to call him 'Aqd-ul-Arab'-i.e. the most judicious of all the Judges of Arabia.
About Qadi Shuraih's appointment as a Judge there is a story on record. It is related that Umar purchased a horse on approval, and gave it to somebody to try it. The horse got hurt in the ride, and Umar wanted to return it, but the owner refused to take it back. In the dispute that arose as a consequence, Shuraih was chosen as the arbitrator. He gave the verdict that if the horse was ridden with the permission of the owner it could be returned; otherwise not. Umar said that that was the right decision and at once appointed Shuraih as the Qadi of Kufa.
Konular
- Khalifa Umar bin al-Khattab - Abu Sufiyan And Umar
- Khalifa Umar bin al-Khattab - Umar's Wife Acts As A Midwife
- Khalifa Umar bin al-Khattab - Atika Bint Zaid
- Khalifa Umar bin al-Khattab - Umm Hakim
- Khalifa Umar bin al-Khattab - Umar Marries A Milkmaid To his Son
- Khalifa Umar bin al-Khattab - Umar Flogs His Son To Death
- Khalifa Umar bin al-Khattab - The Woman Who Pined For Her Husband
- Khalifa Umar bin al-Khattab - Umar And His Whip
- Khalifa Umar bin al-Khattab - Umar's Care For The Poor
- Khalifa Umar bin al-Khattab - Stipends For Children
- Khalifa Umar bin al-Khattab - Umar Finds Clue To Murder
- Khalifa Umar bin al-Khattab - Jabala Bin Aiham
- Khalifa Umar bin al-Khattab - Harat Umar And Nasr B. Hajjaj Alsalmi
- Khalifa Umar bin al-Khattab - Punishment For Illicit Love
- Khalifa Umar bin al-Khattab - Dismissal Of A Governor For Writing Poetry
- Khalifa Umar bin al-Khattab - Saeed Bin Aamir
- Khalifa Umar bin al-Khattab - Umair Bin Saad
- Khalifa Umar bin al-Khattab - Mugheera Bin Shu'Ba
- Khalifa Umar bin al-Khattab - Abdullah Bin Qart
- Khalifa Umar bin al-Khattab - Abu Musa Ashari
- Khalifa Umar bin al-Khattab - Trial Of Saad Bin Abi Waqas
- Khalifa Umar bin al-Khattab - Amr Bin Al Aas
- Khalifa Umar bin al-Khattab - Harith Bin Wahb Yashi
- Khalifa Umar bin al-Khattab - Qadama Bin Mazaun
- Khalifa Umar bin al-Khattab - Dismissal Of Khalid
- Khalifa Umar bin al-Khattab - Ayad Bin Ghanam
- Khalifa Umar bin al-Khattab - Abu Ubaid As Commander-In-Chief In Iraq
- Khalifa Umar bin al-Khattab - Battle Of Namaraq
- Khalifa Umar bin al-Khattab - Battle Of Kasker
- Khalifa Umar bin al-Khattab - Battle Of The Bridge
Konular
Anahtar Kelimeler
- Aisha Stacey
- Abraham invites his father Azar (Terah or Terakh in the Bible) and nation to the Truth revealed to him from his Lord.
- An introduction to the person of Abraham and the lofty position he holds in Judaism
- Christianity
- and Islam alike.
- Abraham destroys the idols of his people in order to prove to them the futility of their worship.
- Abraham’s dispute with a king
- and the command of God to migrate to Canaan.
- Some accounts of Abraham’s journey to Egypt
- the birth of Ishmael