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The Judicial Policy Foundations Regarding Judges: Through Correspondence of Omar Ibn Al-Khattab to His Judges and Governors |
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PP: 391-399 |
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doi:10.18576/isl/130211
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Author(s) |
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Amjad Saadeh,
M. Aljabali,
M. AlTawalbeh,
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Abstract |
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| This research aims to highlight an important aspect of state governance and judicial organization related to the principles of judicial policy concerning judges. It tracks these principles and sheds light on them due to the pivotal role judges play, as emphasized by the Prophet Muhammad, peace be upon him, and his successors in organizing judicial affairs. The letters of Omar Ibn Al-Khattab to Abu Musa Al-Ashari and others among his correspondence have garnered significant interest from scholars and researchers in various fields.
Researchers found that there are systematic principles governing the structure of the judge who is fit for this critical task, wherein they act on behalf of the caliph himself in resolving disputes among subjects. This includes addressing the judges faith aspect due to the temptations and threats associated with the judicial position, which only firm faith and great fear of God can withstand. It also concerns the personal qualities and mental health of the judge, ensuring the proper conduct of judicial proceedings when dealing with the parties involved in the case.
The research concludes by extracting these governing principles of the judges character and behavior, both personal and during the management of case proceedings, leading to the issuance of a just judgment. Furthermore, the study confirms the clarity of judicial policy in all its aspects in the mind of the righteous caliph and his guidance to judges and governors, marking a significant scholarly, organizational, and theoretical precedent in Islamic legal legislation. |
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