13.06.2017 Views

Ali Ibn Abi Talib - Volume 1 of 2

http://www.islamicglobe.com

http://www.islamicglobe.com

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.

480 Financial andjudiciary institutions at the time <strong>of</strong> '<strong>Ali</strong><br />

opinion. A personal view and interpretation cannot be cancelled<br />

out by means <strong>of</strong> another personal view and interpretation, but it<br />

may be cancelled out if it is conbary to the Qnr'an and Sunnah."<br />

10. Regular salaries for judges were introduced to make their lives<br />

comfortable, and courthouses and prisons were set up. For the<br />

first time, we see the reluctance <strong>of</strong> the senior Companions to be<br />

appointed as judges. <strong>Ibn</strong> 'Umar was asked by 'Uthmh to serve<br />

as a judge, but he refused. Ka'b ibn Yas& ibn Dannah was asked<br />

by 'Umar to serve as a judge in Egypt, but he also refused, it was<br />

also said that he accepted for a few days, then he withdrew?'<br />

11. Judicial procedures at this time were simple and straightforward.<br />

They involved only a few steps, starting with listening to the<br />

case, then establishing pro<strong>of</strong> and evidence, issuing the verdict,<br />

and finally, carrying out the verdict. Attention was paid to the<br />

etiquette <strong>of</strong> judging so as to protect the weak, support those who<br />

had been wronged, ensure equal treatment <strong>of</strong> disputants,<br />

establish the truth and implement Sbaria laws for all people,<br />

even if the ruling went against the caliph, amir or govemor. In<br />

most cases, the judge would carry out the rulings himself, if<br />

other parties involved would not do so willingly. The ruling<br />

would be carried out immediately after issuing the verdict.<br />

However, it seems that at the time <strong>of</strong> the Rightly Guided<br />

Caliphs, many new procedures and organisational details were<br />

introduced. Scribes for judges were introduced at the time <strong>of</strong><br />

'Umar (&); the police and helpers for the judge and govemor<br />

appeared at the time <strong>of</strong> 'Uthiin (&); and this system <strong>of</strong><br />

criminal investigation developed at the time <strong>of</strong> '<strong>Ali</strong> (&), when<br />

he separated the witnesses in order to find out the truth. This<br />

method became an example to be f~llowed?~

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

Saved successfully!

Ooh no, something went wrong!