Comparative Study of Qualifications of a Judge under Islamic Jurisprudence and under the Western Jurisprudence

20 Pages Posted: 14 May 2012

Date Written: May 14, 2012

Abstract

To run the affairs of a State in the modern context there are three organs, namely, the Legislature, the Executive and the Judiciary. No state is without a rule of conduct. Hence there is law and behind it there is a science of law called jurisprudence or `Ilm Usul al-Fiqh. Whatever may be the source in the ultimate the active and the passive agent to run all affairs are human beings. The Vicegerent is a human, the members of the legislature, executive and judiciary are humans. The ruler, the counsellors and the interpreters are all humans. Hence study of a human being from all angles is most essential in every field in this world.

There is no denying the fact that this world is Creation of a Creator and it is in existence and being sustained in many ways, known or unknown, open or hidden, by the Creator on sound scientific and accurate principles.

There is also no denying the fact that a human is a unit of human society. When individuals gather aimlessly they are called a crowd or multitude and individuals organize them the society comes in to existence with certain rules and regulations to be observed and followed.

There is also no two opinions on this that Ignorance and Awareness are two phenomenon and those are not equal or same. Humans have faculties with varying degrees and varying approaches even if the goal may be the same. It is also true that to err is human and perfection is divine.

It is also a fact that mankind is divided into those who believe and who do not believe in God and there are also further divisions and even then there is co-existence. It is also true that problems are many and multiple, simple and complex and it is human beings who discharge the function of solving them quickly or slowly. There are also many universal truths like Sun rises in the East and sets in the West. Water freezes at zero degree and boils at 100 degrees centigrade. Water flows downward. Gas spreads all around. There are set atomic numbers and weights of all elements in physical sciences. Every thing is in a universal system performing its function. A human is no exception to it. Rather it has more than one systems working in itself day and night. Disputes do arise for many reasons but the main reasons are the blood, the property and the honour.

Rights and Duties are corresponding. Violations do occur and disputes do arise that require the existence of judicial system in every society. A member of such judicial system is called a judge in English and a Qadi in Arabic. Nomenclature may look different the function is the same i.e. to decide the disputes between the parties in accordance with law.

Suggested Citation

Mughal, Munir Ahmad, Comparative Study of Qualifications of a Judge under Islamic Jurisprudence and under the Western Jurisprudence (May 14, 2012). Available at SSRN: https://ssrn.com/abstract=2059394 or http://dx.doi.org/10.2139/ssrn.2059394

Munir Ahmad Mughal (Contact Author)

Punjab University Law College ( email )

(Res.)125-B, Judicial Colony, Lahore
Lahore, Punjab 54000
Pakistan
042-35304847 (Phone)
042-35311498 (Fax)

Superior Law College

(Res.)125-B, Judicial Colony
Lahore, Punjab 54000
Pakistan
0092-42-35304847 (Phone)
0092-42-35311498 (Fax)

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