International Journal of Business and Social Science

ISSN 2219-1933 (Print), 2219-6021 (Online) DOI: 10.30845/ijbss

Independence of Judiciary in Islamic Perspective: An Analysis
Sabah Farag Saad Madi, Munazza Saeed, Assoc. Dr. Ruzman Md. Noor, Ibrahim Meftah Alfellage

Abstract
This rational behind this study is to discuss the concept of the independence of judiciary through the lens of Islam for justice in human society. This is a conceptual study in which we gathered the knowledge about independence of judicial system from two strands. The first belongs to The Holy Quran and Islamic scholars and second strand based on journal articles indexed in web of knowledge (ISI). Islam has not prescribed any particular legal ruling in this respect but has left the question to be resolved on the discretion of the Caliph. The main objective of Islamic Judiciary is to achieve justice or al-‘adl. If the executives are very honest and trustworthy persons then both the organs may be put in one hand and if the executive are not so much honest and trustworthy and cannot handle judicial responsibility, then the judiciary be separated from the executive.

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