Should Somalia adopt an Islamic Judiciary System?

[Carafaat]

The Judiciary System in Islam

 

Man is a social being by nature. He cannot live perpetually on his own, completely independent of others. People are interdependent. Consequently, friction arise between them when their personal interests come into conflict with each other, or when what they perceive as their individual rights infringe upon those of others. Conflicts between them inevitably break out. In some cases, one party to the conflict might be strong and aggressive while the other is weak and condescending, incapable of defending his rights.

 

Because of this, it becomes necessary for there to be a way to prevent people from oppressing one another, to ensure that the weaker members of society receive justice, and to determine right from wrong when issues get complicated or uncertain.

This can only be realized through a judge that has the power to give legal verdicts in cases of dispute.For this reason, we find that the existence of a judge is considered by Islamic law and the laws of all the other revealed religions to be both a religious obligation and a necessity of human life. Allah says:

 

We have sent Messengers with clear proofs, and sent down with them the Scripture and the Balance that mankind can establish justice.

 

Islam – the religion that Allah wants for mankind from the time that He sent Muhammad (may he peace and blessings of Allah be upon him) until the Day of Judgment – shows great concern for the judicial system and those appointed to carry out its responsibilities. Islam prescribes for it many legal injunctions. How else could it be, when Islam is the religion of mercy, equality, and justice? It is the religion that comes to free people from worshipping Creation and bring them to the worship of Allah. It is the religion that comes to remove people from oppression and iniquity and bring them to the highest degree of justice and freedom.

 

Allah’s Messenger (peace be upon him) was the greatest of judges. He used to act in the capacity of judge in the city of Madinah, which was the first Islamic state. He used to appoint people to be judges in other cities. Among these were `Utâb b. Asyad who was sent to Mecca, `Alî b. Abî Tâlib and Mu`âdh b. Jabal, both of whom were sent to Yemen.

 

In the era of the Rightly Guided Caliphs, the head of state continued to be the one to appoint judges, govern their affairs, protect their independence, and keep the governors and political appointees – and even the Caliphs – subject to the judges’ verdicts. `Umar b. al-Khattâb, the second Caliph, was the first person to make the judge an independent entity, distinct from the Caliph and the governors.

 

In this way, the judicial system continued to evolve throughout the early Islamic era, during the Umayyad era, and well into the Abbasid era. The office of Chief Justice came into being at this time. The Chief Justice became responsible for appointing and removing judges. He was responsible for supervising their behavior and monitoring their performance. The first person to be appointed to this post was the justice Abû Yûsuf, the student of the great jurist Abû Hanîfah (may Allah have mercy on them both). Thereafter, this office became widespread throughout the Muslim lands. It continued to exist up to the fall of the Ottoman Empire.

 

The names of many just judges have been preserved in Islamic History. Their names have become like synonyms for justice and integrity. Many pages in the history books are devoted to the lives and careers of eminent judges like Iyâs b. Mu`âwiyah, Shurayh b. `Abd Allah, al-`Izz b. `Abd al-Salâm and others who applied the teachings of Islam in the best possible manner. They give us a living example of how a Muslim judge is supposed to conduct himself.

 

We should mention, since we are discussing the Islamic judicial system, that Islam sets down broad guidelines and basic principles concerning the affairs of life and rarely concerns itself with the particular details of life. This is so these guidelines can stay relevant for every time and place. One of these guidelines is that establishing justice among people is an obligation that has to be carried out. As for the manner of achieving this objective, this has not been detailed by the sacred texts. This has been left for the people of each generation to deal with in a way most suited to their unique set of circumstances. The only condition is that whatever methods are chosen must not run contrary to Islamic Law.

 

In the pages that follow, we shall present the most important elements of the Islamic judicial system.

 

Read more,

http://www.ediscoverislam.com/About-Islam/Islamic-Law-and-legal-Systems/judicial-ruling-justice-rights-in-islam

 

Why we should consider to implement an Islamic Judiciary System in Somalia:

 

1. Lack of justice is the main cause for Somalias civil war, collapse of the State and most conflicts.

 

2. Somalis have barely any knowledge of the adopted legal systems and laws of their country.

 

3. Somalis are divided in to different clans, different regions, different political ideologies

 

4. The Somali Executive governing system is based on clan politics.

 

5. Somalis will never trust a justice system adopted or judges appointed by (clan)politicians

 

Islam is the most unifying factor between all Somalis. And thus we should adopt an Islamic Judiciary System and appoint Islamic scholars as Judges to guide as to the truth path of Justice. This will ensure people don't oppres one another, to ensure that the weaker members of society receive justice, and to determine right from wrong when issues get complicated or uncertain.

[Haatu]

Yes yes and yes. I found a fitting muxaadaro:

 

[Carafaat]

Haatu, Thanks for the interesting muxaadaro. I have only seen Islamic scholars and Sheicks( for example Sheick Umal, Sheick Mustafe Ismaciil, etc) addressing the issues of Justice. Somali politicians and western educated scholars only address the issue regarding the Executive branch of government but never talk about the Justice side of things. This says a lot!

[Juxa]

We should I indeed implement Islamic law but first we need to build judiciary system and the key word here is a working system where everyone is equal and have access to the said system. A system that offers fairness and protection to all.

[Nin-Yaaban]

Maya. The U.S system is way more fair.

[Wadani]

Nin-Yaaban;972535 wrote:

Maya. The U.S system is way more fair.

lol

[Carafaat]

Juxa;972528 wrote:

We should I indeed implement Islamic law but first we need to build judiciary system and the key word here is a working system where everyone is equal and have access to the said system. A system that offers fairness and protection to all.

Juxa,

 

I agree that we should first build a judiciary system before implementing Islamic law. But in order to build a fair system that offers equality and justice, we should start appoint Islamic scholars as Judges on all levels(National High court, Regional and local courts) that can give legal verdicts in cases of dispute, build precedent and build the trust of the public in justice.

 

At this moment the Somali people have little trust in a Justice system that is headed by 4.5 politicians who act as judges.

[Alpha Blondy]

it's 2013 not the second year of the Islamic calendar for goodness sakes. :mad: CONTEXT!

 

should y'all require any further Xigasho.....i'll be more than to provide.

 

LOOOOOOOOOOOOOL

[Tallaabo]

Juxa;972528 wrote:

We should I indeed implement Islamic law but first we need to build judiciary system and the key word here is a working system where everyone is equal and have access to the said system. A system that offers fairness and protection to all.

You are right Juxa. For the implementation of the Shariah Law, there has to be a central authority accountable to the people and responsible for the dispensation of justice. There has to be a constitution build on and based on the Islamic law which is accessible to the entire society and which leaves no room for contradictions and loopholes. And as you pointed out, there should also be a robust judicial system with facilities at every location of the land and which has all the necessary levels of appeal and control. Somaliland is supposed to follow this Shariah system according to our constitution but so far what we have got is a mixture of Shariah and manmade law. I think the reason for this incomplete implementation of the Shariah law in Somaliland is to do with the many contradictory and competing ideologies within our society and the fact that there is no comprehensive and academic understanding of the Shariah law by the vast majority of the religious community. For most of this religious community, the Shariah law boils down to chopping heads and hands and they completely lack any understanding of the economic system in Islam and also they can not analytically rise up to the many challenges thrown up by todays modern society. Somalis need Islamic scholars with deep understanding of modern society and ways of life.

[Hobbesian_Brute]

This is surreal, even after AS people still romanticize about Islamic judicial system ?:confused:

[Juxa]

Carafaat last time Islamic law was applied it was used to cut the limps of the poor and those who cannot afford justice. Sxb let's get the basics right. You need proper system in place. Good lawyers, well established prosecution service and judiciary that is above qabyaalad.

 

Tallaabo waa runtaa

[Carafaat]

Juxa;972613 wrote:

Carafaat last time Islamic law was applied it was used to cut the limps of the poor and those who cannot afford justice. Sxb let's get the basics right. You need proper system in place. Good lawyers, well established prosecution service and judiciary that is above qabyaalad.

 

Tallaabo waa runtaa

Juxa, the last time Islamic Law was applied the rule and law returned to Mogadishu and people received back their properties, security returned and thieves were arrested. That was back in 2006. Now tell me when was the last time other laws were effectively applied in Somalia?

 

I agreed that we could implement full Islamic Law in a later stage. But to introduce it now in phases and atleast appoint Islamic scholars as judges.

[Alpha Blondy]

^ if you ask me, you're wasting your time on Somalia's affairs. take this mashruuc elsewhere inaadeero Arafat. these koonfurians are guilt of committing rape orgies inside masjids in the early 1990s. how does one enact justice in such primitive environs. even in 2006 it was all tribal jihadism.

[Mad_Mullah]

2006 was the best year of Somalia. Islamic law was implemented, the whole world saw the good side of Muslims. We stopped rape, murder and theft. Somalia was becoming civilized again. Arab officials came back to Mogadishu, the UN sent representatives. But the major accomplishment was that the tribal system was about to be eradicated. We acknowledged what connected all of us. Islam.

 

Look at Somalia now, Mogadishu might have seen some economic development but we're back to 1991 when it comes to society.

[Taleexi]

Whose Shareeca?, Didn't we try?