04.01.2016 Views

Judicial System

Saudie

Saudie

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<strong>Judicial</strong> <strong>System</strong> in Saudi Arabia<br />

ministers, representatives etc. – this has many applications.<br />

In Prophet Mohammed era, he used to judge between<br />

people himself (1) . As well, Prophet Mohammed assigned the<br />

responsibility for judging between people to Ali Ibn Abe<br />

Taleb, Maaz Ibn Jabel and Etab Ibn Aseed (2) (may Allah’s<br />

mercy be upon them). In caliphs , eras, Abu Bakar Al Sidieq<br />

(may Allah’s mercy be upon him) assigned responsibility for<br />

judging between peoples in Medina to Omar Ibn Al Khatab<br />

(may Allah’s mercy be upon him), and in turn, Omar Ibn<br />

Al Khatab (may Allah’s mercy be upon him), during the<br />

periods of Islam expansion, assigned that responsibility to<br />

a judge in each region, so that is why Omar Ibn Al Khatab<br />

(may Allah’s mercy be upon him) considered the founder<br />

of distinguished judiciary in Islam, and as well he was the<br />

first to set up divisions/ departments to organize the affairs<br />

of people. (3) Moreover, Omar Ibn Al Khatab (may Allah’s<br />

mercy be upon him) was the first to lay down a regime for<br />

the judiciary as was mentioned in his lengthy letter to Abu<br />

Musa Al Ashaari (may Allah’s mercy be upon him). (4)<br />

The late Ibn Al Qaim said, ‘this is a great book acclaimed<br />

by scholars and on which they based principles of making<br />

(1) Some scholars wrote about judgeship and judgments during the Prophet<br />

Mohammed era such as ‹Judgeship during Prophet Mohammed› by Ibn Al Talaa,<br />

died in 497H, inquired by Dr. Mohammed Dia Al Rahman Al Aazami.<br />

(2) See, ‘Three Powers in Islam’ by Sheikh Abdel Wahab Khilaf, p. 18 and the<br />

following pages, first edition 1400H.<br />

(3) See, ‘Three Powers in Islam’ by Abdel Wahab Khilaf, p. 32 and the following<br />

pages, See also the ‘Three Powers’ by Al Tamawi, p. 423.<br />

(4) See, ‘Aalam Al Muaqien an Rab al Alameen’ by Ibn Al Qaim, 1/91, inquired<br />

by Abdurrahman Al Wakil.<br />

217

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!