A Comparative Study of Justice and Judiciary in the Islamic and Judaism Perspective

یہودی اور اسلامی دینیات میں قضاء و عدالت کے ذرائع اثبات کا تقابلی جائزہ

Abstract

The Almighty Allah is the only Creator of all creatures in the universe. Humans have creational control over some of these entities and on the other hand have coercive control over the other things. This domination of human beings over other human beings is bound by a number of factors including but not limited to strength, weakness, locality, nature of humans etc. so that all the humans are tested with these.

 In view of these principles and factors, a civilized society came into being whose people depend on each other and thus a reason for the survival of society is established. Problems and issues do arise and at times these issues results in disputes and riots, giving rise to complications. To address such disputes in peaceful manner, Allah knowing the public interest, set forth the laws and regulations and through apostles implemented these sharia laws in the best interest of individuals, societies and communities and for the establishment of peace. These Islamic doctrines are defined ignoring the likes and dislikes of the parties and individuals, and these are also termed and interpreted as justice and judicial.

If these laws and regulations of the judiciary are enforced in the state system, then along with the prevention of oppression, the establishment of law and order will also come into existence. This is what we know from the Holy Quran.

“Then if you differ in anything, refer it to Allah and the Messenger, if you believe in Allah and the last day.”

Because no one can resolve disputes except Allah and His Messenger. However, if someone wants to resolve them on a non-divine law, the problems become more serious instead of being resolved. Here, taking the matter to Allah means to settle the matter as per provision in the Book of Allah and taking it to the Messenger of Allah means to settle the matter as per provision in the Sunnah of the Prophet Muhammad (SAW). The purpose of taking the matter to Allah and His Messenger is indeed to ensure justice is done. This is what happens when people get justice and there is no doubt that in Islamic law there is a solution to every problem and a means of salvation from every difficulty.

"Allah commands justice, goodness and fine dealing with relatives."