04.01.2016 Views

Judicial System

Saudie

Saudie

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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

may obey that instruction if he is incapable to arrive at a ruling;<br />

however, he may not resign office unless upon removal.’ (1)<br />

Eighth: Patience<br />

A judge must be patient; it was narrated that Prophet<br />

Mohammed (Allah’s blessing and prayers be upon him)<br />

said, ‘A judge should not decide between the two while he is<br />

in anger.’; but this may not be akin to weakness, and it was<br />

reported that Omar Ibn Abdul Aziz (May Allah be pleased<br />

with him) saying, ‘A judge must possess seven qualities, if<br />

he missed one he is likely to be in disgrace: reason, fiqh<br />

(i.e. Islamic jurisprudence), honesty, piety, firmness, be<br />

conversant with Sunnah and good judgment.’ In another<br />

narration, it reads as, ‘tolerant of Islamic scholars, not weak,<br />

humiliated as this would entice disputants to fling false<br />

accusations or charges at each other and insult each other.’ (2)<br />

In conclusion, ethical values of the judge does not<br />

differ from other ordinary people; however, because of the<br />

importance of his office and the seriousness of his job, he<br />

must be fair and just with his own self and kinship and as<br />

well with those who differ with him and enemies. He is<br />

required to be impartial and independent and treat all people<br />

in equal footing without distinction, be perfect in his work<br />

of integrity and patient.<br />

(1) Ibid, p. 193.<br />

(2) Al Mugni, Ibn Qudamma 10/ 40.<br />

47

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

Saved successfully!

Ooh no, something went wrong!