publications_unodc_commentary-e

Roman 2.1 reads:Therefore thou art inexcusable, O man,whosoever thou art that judgest another,thou condemnest thyself; forthou that judgest does the same thing.In his Sermon on the Mount, Christ stated: (Matthew 7:12):Therefore, whatever you want men to do to you, do also to them, for thisis the Law and the Prophets.This saying encapsulates the teaching in the Old Testament about civil justice. Forexample, Leviticus 19:15 reads:Do not pervert justice; do not show partiality to the poor or favouritismto the great, but judge your neighbour fairly.And Deuteronomy 1:16 reads:Hear the disputes between your brothers and judge fairly, whether thecase is between brother Israelites or between one of them and an alien.Do not show partiality in judging; hear both small and great alike. Donot be afraid of any man.Since all who are not in a position to improperly influence the judgewould prefer to be judged on this basis this standard is the only one thatthey should apply when judging others.Islamic LawIslamic jurists have identified several characteristics that judges should have toperform their duties properly. These include the following: 73Maturity: A minor cannot be appointed as a judge. A person who doesnot have custody over himself cannot be granted authority over others. Ajudge must have not only a sound mind and body, but needs also to bedeeply insightful. It is not necessary for a judge to be advanced in years,but age increases the dignity and prestige of the judge.73 The Judicial System in Islam, The Discover Islam Project, www.islamtoday.com154