The Judiciary

The Judiciary is the pronouncement of the rule that becomes binding. It settles the disputes between the people and prevents that which harms the comm...

The Khalifah appoints a supreme judge to the judiciary from the male, adult, free, Muslim, sane, just people who know jurisprudence, and if he was giv...

The Judges are of three types: One is the Judge (Qadi), and he undertakes settling the disputes between people over transactions and penal codes. The ...

Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware...

The Qadi, the Muhtasib and the Madhalim judge may be given a general appointment to pronounce judgement on all problems throughout the State, or alter...

The courts should be comprised of only one judge who has the authority to pronounce judgement. One or more judges are permitted to accompany him, howe...

The judge can only give a verdict in a court session, and any evidence and oaths can only be considered in the court session.

It is permissible to vary the grades of courts in respect to the type of cases. Some judges may thus be assigned to certain cases of particular grades...

There is no court of appeal, and no court of cassation, so the judiciary, as far as the method by which the cases are treated, is of a single level. I...

The Muhtasib is the judge who investigates all cases, in the absence of an individual litigation, involving the rights of the public that do not invol...

The Muhtasib has the authority to judge upon violations as soon as he learns of them, irrespective of the location and without the need to hold a cour...

The Muhtasib has the right to appoint deputies for him. They should fulfil the requirements of the Muhtasib, and he is allowed to assign them to diffe...

The judge of the Court of Injustices (Madhalim) is appointed to remove all injustices which have been inflicted upon any person who lives under the au...

The judge of the Court of Injustices (Madhalim) is appointed by the Khalifah, or by the Supreme Judge. His accounting, discipline and removal are done...

There is no limit to the number of judges that can be appointed for the Court of Injustice Acts (Madhalim), rather the Khalifah can appoint as many as...

The Court of Injustice Acts (Madhalim) has the right to remove any ruler or civil servant in the State, in the same way that it has the right to remov...

The Court of Injustice Acts (Madhalim) has the authority to investigate any case of injustice (Madhlamah), irrespective of whether it is related to of...

The judiciary of the Injustice Acts (Madhalim) is not restricted by a court session or the request of the defendant or the presence of the plaintiff. ...

Every person has the right to appoint whomsoever he wishes as a proxy (Wakeel) for oneself in the disputes and defence, irrespective of whether he is ...

It is permitted for the one who has been vested with a specific responsibility, like a custodian or guardian, or general responsibility such as the Kh...

The contracts, transactions, and verdicts which were ratified and whose implementation was completed before the establishment of the Khilafah are not ...