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Judicial laws in the Holy Qur’an
By: Ayatullah Professor Muhammad Taqi Misbah Yazdi
Meanwhile, concerning the issue of judging after adapting general divine laws to cases where there is a dispute and discord among people, God says: “But no, by your Lord! They will not believe until they make you a judge in their disputes, then do not find within their hearts any dissent to your verdict and submit in full submission.”[35][16]
In the above verse, not only is the right of adjudication confirmed for the Messenger of Allah (s), but the acceptance of and acting upon his adjudication and verdict has been regarded as a requisite of faith. This point is accompanied by a very emphatic oath—“In their disputes the people must definitely make you the judge and arbiter, and after you pass a judgment they should not nurse any dissent and dissatisfaction in their hearts but should accept the judgment with full submission and obedience. Otherwise, they will not be truly faithful.
The true faithful is one who, if the Islamic court issues a decree against him, accepts it with open arms, realizing the possibility that his right is violated because the judge passes the verdict on the basis of external means of rendering justice, which the Messenger of Allah (s) explained thus: “Verily, I judge among you on the basis of proof and testimony.”[36][17] The testimony of a witness who is outwardly just is accepted although he might have lied in his testimony or committed an error therein. If everyone does not act upon the verdict of the judge, no progress can be made and the system will collapse.
What can be deduced from the Qur’an on penal matters, such as blood-money [diyah], qisas,[37][18] ta‘zirat,[38][19] and the like, testify that Islam is highly involved in politics, administrative affairs and society. Islam has gone to the extent of taking into account hudud[39][20] for criminals and corruptors in certain cases and of authorizing the judge to implement them even if there is no specific complainant. In such cases divine limits and rights have been violated and sometimes punishments are difficult to endure and accept. For example, the Qur’an says that in an Islamic society if an illegitimate relationship between a man and a woman is proved before the judge through the statements of four witnesses, both of them must receive a hundred lashes, and the Qur’an particularly admonishes the judge not to be influenced by emotion and have pity on them: “As for the fornicatress and the fornicator, strike each of them a hundred lashes, and let not pity for them overcome you in Allah’s law...”[40][21]
Undoubtedly, by implementing such a punishment the person will be disgraced, but society will acquire immunity. Regarding theft the Qur’an says: “As for the thief, man and woman, cut off their hands as a requital for what they have earned. [That is] an exemplary punishment from Allah and Allah is All-mighty, All-wise.”[41][22]
We conclude that the Noble Qur’an mentions adjudication, enactment of rules and regulations to preserve social order and secure the interests of society, and implement the hudud and ta‘zirat[42][23] rights of the Messenger of Allah (s). For a fair-minded person there will remain no doubt about Islam’s involvement in sociopolitical issues if he refers to the Qur’an as well as the authentic traditions of the Prophet (s) and the infallible Imams (‘a). Those who stubbornly deny these truths have chosen to do so no matter what the proof.
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