Judiciary / Qada

Qada: The Judicial Institution

Qada is the authority to settle disputes between people according to the Shari'ah, representing a vital pillar of the Islamic state tasked with upholding justice and protecting the rights of individuals.

The Appointment of Judges

The power of judicial appointment rests with the Khalifah (or his delegated deputy). A judge (Qadi) is considered a deputy of the ruler in the application of law. While the Khalifah appoints the judges, once seated, a Qadi is independent in his judgment, bound only by the Shari'ah.

"Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice." Surah An-Nisa 4:58

Conditions of the Qadi

Classical jurists established rigorous criteria for those assuming the mantle of Qada to ensure the integrity of the legal process:

  • Islam: As the Qadi applies Shari'ah, he must believe in its divine source.
  • 'Adala (Probity): A judge must be of upright character, free from major sins and persistent minor ones.
  • Ijtihad: He should possess the capability to derive rulings from primary sources, though some later schools allowed for muqallid judges in times of necessity.
  • Gender: The majority of classical jurists (Maliki, Shafi'i, Hanbali) stipulated the judge must be male, though the Hanafi school permitted women as judges in matters other than Hudud and Qisas.

Judicial Hierarchy

From the time of the Abbasid Caliphate, a formal hierarchy emerged with the introduction of the Qadi al-Qudat (Chief Justice).

Local Qadi

Presides over specific districts (Wilayah), handling civil and criminal disputes at the community level.

Qadi al-Qudat

The Chief Justice who oversees judicial appointments across the state and advises the Khalifah on legal policy.

Rules of Evidence (Ahkam al-Bayyinat)

The Islamic judicial system is strictly evidence-based, following the Prophetic maxim: "The burden of proof is on the claimant and the oath is on the denier."

Bayyinah (Proof) Testimony of witnesses or material evidence.
Iqrar (Confession) Voluntary admission by the defendant.
Yamin (Oath) A decisive oath taken by the defendant to deny the claim.

Prohibition of Bribery (Rishwah)

Integrity is paramount. Any form of gift or payment to a judge is strictly forbidden (Haram) and considered a major sin. To mitigate this, the state was traditionally required to provide the Qadi with a sufficient salary from the Bayt al-Mal to ensure his financial independence and resistance to corruption.