Legal System

In ancient civilizations, the laws were made by man, who despite being involved in immoral and unethical acts, alleged to be divinely designated. These humans were weak and due to such weakness, they abused the law-making power and misused it for their own favor or in favor of the party or class which they represented as can be seen in the legal systems of Rome, Greece, Egypt, and India etc. This resulted in exclusive privileges for the ruling authorities and deprivation of human right of the people as a whole.

In an Islamic State, on the other hand, sovereignty belonged to God and, therefore, the Almighty Allah is the real sovereign. This does not, however, mean that in an Islamic State, all the laws are to be made by God Himself and that people have nothing to do with law-making functions but some of the laws, enacted in an Islamic State were given by God, and others were made by the people of the state, but in the light of the Quranic fundamentals. Thus, in an Islamic State, the people enjoy a partial and restricted right of law-making. They cannot, of course, make any law which runs contrary to the Quranic instructions, meant for universal application. In this sense, the people who make the laws, were not really law-makers, nor were they above the law; they were only the executors of law and they stand at par, with ordinary citizens. ¹ Islam gave rules not only for manners and hygiene, marriage and divorce, prayer and devotion, and the treatment of children, slaves and animals, but also for commerce and politics, interest and debts, contracts and wills, industry and finance, crime and punishment, war and peace and for the highest spiritual and ethical endeavors etc. ²

The Islamic legal system evolved in the 7th century A.D. in the Arabian Peninsula and in lower Mesopotamia. With the expansion of the empire, it became the law of the land in vast regions extending from Spain to Central Asia. ³

Law Giver

The Legislator of Islam, was the One and Only God Almighty who is All-Knowing and All Wise. ⁴ Who is not only the Creator of all, but also the Sustainer of the very existence of the universe. ⁵ Furthermore, Islam believes that God is transcendent, omnipotent ⁶ and merciful. ⁷ Moreover, in His great mercy, He has given man not only reason but also guides, in the form of the Prophets , who instructed in the directions which are the wisest and the most useful to human society. God being transcendent, sends His messages to His chosen prophets by means of intermediate celestial meswas stoned to death. sage-bearers which are called Malaika (angels). ⁸ God is perfect and eternal. Among men, on the contrary, there is constant evolution in ideas and other things. God does not change His opinions, but He exacts from men only that which accords with their individual capacities. That is why there are divergences, at least in certain details, among various legislation, each of which claims to be based on divine revelations. ⁹

The law of Islam was conveyed to humankind through Prophet Muhammad and the Holy Quran testifies that this law is revealed upon him. Moreover, it also states that Prophet Muhammad conveyed the divine law as it is, without any additions. ¹⁰ Hence, the law was no creation of the human mind, but was divinely revealed.

In practice, in Islam this theoretical aspect of rigidity became quite elastic in order to permit men to adapt themselves to exigencies and circumstances. The laws, even those of divine origin or emanating from the Holy Prophet , were not all of the same range. Some of these were obligatory, whereas others were only recommended, while in the rest of the cases, the law allows great latitude to individuals. A study of the sources shows that the rules of the first category, i.e., the obligatory ones, are very few in number. Those rules which are recommended are more numerous and cases where the text is silent are innumerable. Moreover, an inferior authority could not change the law, yet it may interpret it. The power of interpretation is not the monopoly of any person in Islam because every man who makes a special study of the subject has the right to do that. In the same way, for legal questions, one needed to study law and perfect one's knowledge of the subject for the opinion of persons outside the profession will only be speculative. The interpretations of the specialists show the possibility of adapting even the Divine law to circumstances. ¹¹ Since Prophet Muhammad was the last of the prophets and has left this world, ¹² there was no more possibility of receiving a new revelation from God to decide problems in the case of divergence of interpretations. Inevitably there needed to be a divergence of opinion on matters, since all men do not think in the same manner. It may be pointed out that judges, jurisconsults or other experts of law are all human beings, and if they differ among themselves, the public will follow the one who appears to be more authoritative. ¹³ Prophet Muhammad himself encouraged this. A celebrated incident of the life of the Prophet Muhammad reported by a large number of sources is mentioned as:

  When Prophet Muhammad wanted to send Mu’ad to Yemen (as a judge designate), he said: How will you judge if a case is presented to you? Mu’adh said: I will judge in accordance with the book of Allah. Prophet Muhammad said: what if you do not find any (evidence) in the Book of Allah? Mu’adh said: Then in accordance to the Sunnah of the Messenger of Allah. What if you do not find any (evidence) in the Sunnah of the Messenger of Allah or in the Book of Allah. Mu’adh said then I shall try my best to come to the best opinion and not spare any effort in doing so. The Messenger of Allah struck him on the chest and said: “Praise be to Allah who has guided the envoy of the Messenger of Allah to that which pleases the Messenger of Allah. ¹⁴

This individual effort of opinion and common sense on the part of an honest and conscientious man is not only a means of developing the law, but also a recipient of the benediction of the Holy Prophet . It may be remembered that in legislation on a new problem, in the interpretation of a sacred text, or in any other case of development of the Islamic law, even when it is occasioned on the basis of a consensus, there is always a possibility that one rule adopted by a process would later be replaced by another rule, by later jurists using the same process, opinion of an individual by the opinion of another individual, a consensus by another consensus etc. (This referred to opinions of jurists only, and had nothing to do with the Quran or the authentic Hadith. For God's order could only be abrogated by God Himself, and by no-one else; a Prophet's order by a Prophet or by God, and not by an inferior authority of a jurist or a parliament). ¹⁵

Philosophy of Law

The classical jurists, among Muslims, place laws on the duality of good and evil. One should do what is good and abstain from what is evil. Good and evil are sometimes absolute and self-evident, yet at other times merely relative and partial. This leads us to the five-fold division of all judicial rules, both orders and injunctions. Thus, all that is absolutely good would be an absolute duty, and one must do that. Everything which has a preponderant good would be recommended and considered meritorious. Things where both these aspects, of good and evil, are equal, or which have neither of them, would be left to the discretion of the individual to do or abstain from, at will, and even to change the practice from time to time. This category would be a matter of indifference to law. Things absolutely evil would be objects of complete prohibition, and, finally, things which have a preponderance of evil would be reprehensible and discouraged. This basic division of acts or rules into five categories may have other subdivisions with minute nuances like the directions on a compass in addition to the four cardinal points of north, south, east and west. It remains to define and distinguish between things good and the evil. ¹⁶ The Holy Quran, speaks of these on many occasions, and says that one must do the maaruf and abstain from the munkar. ¹⁷ Now, maaruf means a good which is recognized as such by everybody and which is considered by reason to be good, ¹⁸ and therefore is commanded. Munkar means a thing which is denounced by everyone as having no good whatsoever ¹⁹ and is an evil which is recognized as such by everybody, and that which is considered by reason to be evil would be forbidden. ²⁰

Written Constitution of State

Prophet Muhammad endowed his people with a unique form of state, created out of nothing, he promulgated a written constitution for this state, which was a city-state at first, but only ten years later, at the moment of the demise of its founder, extended over the whole of the big Arabian Peninsula, and the southern portions of Iraq and Palestine, after another fifteen years, during the caliphate of 'Uthman, there was an astonishing penetration of Muslim armies to Andalusia (Spain) on the one hand, and the Chinese Turkestan on the other, having occupied the countries that lay in between. This written constitution, prepared by Prophet Muhammad consisted of 52 clauses. It addressed a variety of questions, such as the respective rights and duties of the ruler and the ruled, legislation, administration of justice, organization of defense, treatment of non-Muslim subjects, social insurance on the basis of mutualism and other requirements of that age. The Act dates from 622 A.D. (the first year of the Hijrah). ²¹

Superiority of the Islamic Legal System

Islam struck at the root and the source of evil, and declared that nobody was exempted from obligations, not even Prophet Muhammad . The teaching as well as the practice of the Prophet Muhammad , followed by his successors, required that the head of the State should be capable of being cited before the tribunals of the country, without the least restriction. Islamic tradition never hesitated in practice to decide even against their sovereigns in cases of default. It is needless to mention in detail the material sanctions which exist in Islam just like in all other civilizations. Thus, there are services which are charged with the maintenance of law and order, watch and ward, peace and tranquility in the mutual relations of the inhabitants of the country. And if anybody was victim of violence, he can complain before the tribunals, and the security officials would drag the accused to appear before the judges, whose decision was finally executed. But the conception of society, as envisaged by the Holy Prophet , has added another sanction, perhaps more efficacious than the material one, and that is the spiritual sanction. Maintaining all the administrative paraphernalia of justice, Islam has inculcated in the minds of its adherents the notion of resurrection after death, of Divine Judgement and salvation or condemnation in the Hereafter. It is thus that the believer accomplishes his obligations even when he has the opportunity of violating them with impunity, and he abstains from doing harm to others in spite of all the temptations and the enjoyment of security against the risk of retaliation. This triple sanction - of rulers being equally subject to the general law, material sanctions and spiritual sanctions, each element of which strengthens the efficacy of the other - tries to secure in Islam the maximum observance of laws and the realization of the rights and obligations of all. It is more efficacious than a system in which only one of these sanctions are acquired. ²²

Broadness of the Islamic Legal System

A characteristic feature of the Quranic legislation in this respect is the judicial autonomy accorded to different communities comprised of subjects. Far from imposing the Quranic law on everyone, Islam welcomes and even encourages every group, Christian, Jewish, Magian or other to have its own tribunals presided over by its own judges, in order to have its own laws applied in all branches of human affairs, civil as well as criminal. If the parties to a dispute belong to different communities, a kind of private international law decided the conflict of laws. Instead of seeking the absorption and assimilation of everybody in the ‘ruling’ community, Islam protects the interests of all its subjects. As for the administration of justice among Muslims, apart from its simplicity and expediency, the institution of the ‘purification of witnesses’ is worth mentioning. In fact, in every locality, tribunals organize archives regarding the conduct and habits of its inhabitants, in order to know, when necessary, whether a witness is trustworthy. It is not left only to the opposite party to weaken the value of an evidence.

Umar had judged the Sassanian fiscal measures to be good enough to be continued in the provinces of Iraq and Iran; the Byzantine fiscal measures he found oppressive, and changed it in Syria and Egypt; and so on and so forth. The whole of the first century of the Hijrah was a period of adaptation, consolidation and transformation.

Muslim law began as the law of a state and of a ruling community and served the purposes of the community when the Muslim rule grew in dimension and extended from the Atlantic to the Pacific. It had an inherent capacity to develop and to adapt itself to the exigencies of time and clime. It has not lost its dynamism even today, in fact it is obtaining more and more recognition as an agency for good, by Muslim countries which were formerly under foreign political - and therefore juridical - domination, and are trying to reintroduce the Shariah in all walks of life. ²³

Islamic Laws

Adultery and Illicit Intercourse

Illicit sexual intercourse and Adultery were one of the social evils responsible for children with unknown parents, dispute between husband and wife, and rampant spread of paid and forced prostitution. Consequently, this evil not only contributed in destroying families, but the societies as well. In order to control this disease which also usurped the husband of his rights and the wife of her rights, and other human rights, Islam provided humanity with strict laws so that such evils were completely eradicated from the society.

Committing Adultery after Marriage

If a person committed adultery after his marriage and it was established in court that the person had committed adultery, then the person was given the punishment of ‘rajam’. ²⁴ Rajam was the punishment where the adulterer/adulteress was stoned to death. ²⁵ However, if it became established that the adulteress had become pregnant due to the intercourse, then the law was to wait until the child was born, and had passed the age of breastfeeding. After that, the adulteress was instructed to hand over the child in to the custody of a guardian who would take care of the child, and the adulteress was subjected to the punishment of Rajam. ²⁶

Illicit Sexual Relations before Marriage

If a person committed adultery before marriage, and it was established that the person had committed illicit sexual intercourse, then the law stated that the adulteress and the adulterer needed to be flogged hundred times in front of a crowd of Muslims. ²⁷ The purpose of meting out the punishment in public was to add a deterrent aspect to the penal provision. The idea was that after seeing the fate of the guilty people in question, anyone who has the intention to commit such a crime will desist from doing so. ²⁸

Rape

Since rape was a more heinous act than illicit sexual intercourse and adultery, hence its punishment was as severe. The person who committed crime was not only put to shame, but according to the law, was stoned to death. ²⁹

The Western laws of the modern times, which have also been adopted by the Muslims in various countries, are based on such conceptions. According to them, illicit sexual intercourse may be an evil, and an immoral and sinful thing, but it is not a crime. It becomes a crime only when illicit intercourse is committed without the consent of the other party. As for adultery by a married man, this only provides a cause for complaint to his wife who may, if she likes, prove it and get a divorce. Similarly, in the case of an adulteress, her husband can lodge a complaint against her and also against the man with whom adultery was committed and can sue both of them to claim divorce from the woman and monetary compensation from the man.

The Islamic law, in contrast to all these conceptions, holds illicit sexual intercourse as a punishable crime and its committal by the married person enhances the guilt all the more. This is not so because of the violation of the oath of fidelity taken by the man or the woman nor because of the encroachment on the conjugal rights of the other, but because the criminal resorted to an unlawful method when there existed a lawful method for satisfying his sex desires. The Islamic law views adultery as an act which, if allowed to be indulged in freely, will strike at the very roots of both human race and human civilization. In the interest of the preservation of the human race and the stability of human civilization, it is imperative that relationship between man and woman should be regulated only through lawful and reliable means.

Moreover, Islam does not rely on punitive law alone for saving humanity from the menace of adultery. It employs both reformatory and prohibitory measures on a large scale. It has provided legal punishment only as a last resort. Islam does not want that the people should go on committing this crime and getting flogged with stripes day and night. Its real aim is that the people should not commit this crime at all and there should be no occasion to resort to the extreme punishment. ³⁰

Homosexuality and Un-Natural Means of Sex

Means of un-natural sex such as homosexuality, sex with animals or with blood relations such as mother, father, sister, brother, children etc. have existed in the human society since ancient times. To put a stop to such atrocities, Islam gave a proper legislation for it. Ibn Abbas narrates that the Holy Prophet said:

  أن رسول الله صلى الله عليه وسلم قال: «‌من ‌وجدتموه ‌يعمل عمل قوم لوط، فاقتلوا الفاعل والمفعول به . ³¹

  Prophet Muhammad said: if you find people who have (consensually) indulged in the act which was committed by the nation of Lot (homosexuality) then punish both of them with death.

In another narration, Prophet Muhammad said:

  ‌اقتلوا ‌الفاعل ‌والمفعول به، في عمل قوم لوط، والبهيمة والواقع على البهيمة، ومن وقع على ذات محرم فاقتلوه . ³²

  : Punish the people who had (consensually) indulged in the act which was committed by the nation of Lot (homosexuality), or had sex with an animal or had sex with blood relations with whom marriage is prohibited with death.

People who slander others for Adultery

Since Islam considered adultery and illicit intercourse a serious crime hence it also considered accusing another person of adultery a serious crime as well. ³³ Therefore, if a person accused another of adultery and was unable to prove it then he was given a severe punishment as well. As the Holy Quran states:

  وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلَا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا وَأُولَئِكَ هُمُ الْفَاسِقُونَ 4 ³⁴

  And those who accuse chaste women and do not bring four witnesses to testify – punish them with eighty lashes and do not ever accept their testimony; and it is they who are the wicked.

The verse clearly states that if the accuser cannot prove that the other person is an adulterer/adulteress then three rulings applied to him. Firstly, he would be flogged 80 times, secondly, his testimony would be rejected forever and thirdly, he would be labeled as a rebellious who is not of good character. ³⁵

Stealing

The punitive system in Islam for social crimes has been formulated keeping in view two special aspects – one is punishment for a man’s crime and other is the deterrent effect of that punishment. ³⁶ Hence regarding the law for theft, the Holy Quran states:

  وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا نَكَالًا مِنَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ 38 ³⁷

  And cut off the hands of those men or women who are thieves – a recompense of their deeds, a punishment from Allah; and Allah is Almighty, Wise.

This verse did not order the amputation of the hand for every minor thing stolen like food etc. Stealing food or other minor things were considered a crime, but a lower, separate punishment was suggested for it (as per the government of justice’s wish). Moreover, this law didn’t apply to the mad people or children, and only the Islamic government had the right to activate these punishments, not normal citizens. ³⁸ It was also stated that if the person wanted, he could forgive the thief on his own. In that case he didn’t need to bring the culprit to the court. ³⁹

Drinking Wine

Like the rest of the ancient world, the people of ancient Arabia believed that after drinking wine, a person became elated, and gambling was looked upon as an easy way of making money without having to work hard for it. ⁴⁰ But, when viewed from a moral angle, drinking and gambling lead to huge spiritual dangers that outweighed the benefits which they may confer. ⁴¹

Moreover, God Almighty categorically stated that the invention of wine and other gambling tools was the works of Iblis (satan) whose sole aim was to destroy humanity. ⁴² After drinking wine, the person became intoxicated and had no clue about what was right and wrong. In the process the intoxicated person would insult or even harm others. The intoxicated person wouldn’t even realize if he murdered a person or sexually assaulted any person, the acts which led to rifts within the society. ⁴³ In the time of Prophet Muhammad , no specific punishment had been laid down for drinking but the Holy Quran stated that a person who was intoxicated was not allowed to pray. ⁴⁴ Later on, other verses were revealed that declared the wine haram (illegal) ⁴⁵ and the people who drank it were cursed. ⁴⁶ Still, when the people did not abstain from it, then whoever was caught drunk would be struck with shoes, fists, and whips made of twisted cloth and palm sticks. The maximum number of lashes to which any culprit was subjected was forty. In the time of Abu Bakr ,the punishment continued to be forty lashes. In the time of 'Umar the punishment initially remained at forty lashes also, ⁴⁷ but when he saw people persist in drinking, he fixed the punishment at eighty lashes ⁴⁸ after a long discussion in the gathering of Sahaba and consultation of Ali .

Murder and Compensation

In pre-Islamic Arabia people tried to take blood revenge upon the murderer's family and tribe, and the retaliation corresponded to the value placed on the blood of the victim. Their desire for revenge was not quenched merely by putting the murderer to death. They preferred to put to death tens and even hundreds of people to avenge the one life they had lost. If a respected member of their tribe was killed by an ordinary member of another, it was not deemed enough to put to death the actual murderer. They preferred to kill a man of the murderer's tribe equal in standing to the victim, and even several members of the murderer's tribe. However, if the victim was a man of humble standing from another tribe, and the murderer from their tribe happened to be a man of high standing, they were unwilling to permit the execution of the murderer. ⁴⁹ In order to stop such heinous practices and restore order in the society, God Almighty declared in the Holy Quran:

  يَاأَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنْثَى بِالْأُنْثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ذَلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌ فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ 178 ⁵⁰

  O People who Believe! Retribution is made obligatory for you in the matter of those killed unjustly; a freeman for a freeman, and a slave for a slave, and a female for a female. And for him who is partly forgiven by his brother, seek compensation with courtesy and make payment in proper manner. This is a relief and a mercy upon you, from your Lord.

In this verse, Islam laid down the principle of retaliation (Qisas). For example, eye for an eye and a tooth for a tooth. Retribution for a killer meant the forfeiture of his own life. In this way, a capital crime like the taking of life is discouraged, for the fear of losing one’s life deters one from taking another person’s life and, as a result, the life of all the members of the society become protected. The killing of the killer guarantees the protection of the rest of the society. Therefore, the objective of Qisas is the protection of the members of the society and revenge. Moreover, the vengeful feelings of the family of the murdered person are cooled, thus obviating the possibility of any further injurious activity. ⁵¹ Furthermore, Islam favors compensation as being a principle which is most consistent with the peace and progress of a society. ⁵² If a person killed another mistakenly or by accident, then the law stated that the person had to free a slave and play blood money to the heirs. However, Islam considered it a charity if the heirs forgave the convicted person. ⁵³

Inheritance

Man-made laws always have some bias or the other. During the ancient tribal age, a boy was of considerable importance in the social order. Since he was a strength to the tribe, therefore, he was awarded the sole right of inheritance if he could fight for it and seize it, depriving the women and children completely. ⁵⁴ A law free from all types of inequity can only be expected from God Almighty who is All-Knowing. The law was stated in the Holy Quran as:

  يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا 11 ⁵⁵

  Allah commands you concerning your children; the son’s share is equal to that of two daughters; and if there are only daughters, for them is two-thirds of the inheritance, even if they are more than two; and if there is only one daughter, for her is half; and to each of the deceased’s parents a sixth of the inheritance, if he has children; and if the deceased has no children but leaves behind parents, then one third for the mother; and if he has several brothers and sisters, a sixth for the mother, after any will he may have made and payment of debt; your fathers and your sons – you do not know which of them will be more useful to you; this is the share fixed by Allah; indeed Allah is All Knowing, Wise.

There is no question here of favoring one sex over another. It is all a matter of maintaining balance and justice between the responsibilities of a male and those of a female within the family. In the Islamic social system, a man is responsible for women at every stage of his and her life with several other responsibilities. If he is a son, he is bound to support his mother; if he is a brother, he is responsible to take care of her sister; if he is a husband, he is bound to take care of his wife; and if he is a father, he is bound to bear all the expenses of his daughter till that responsibility transfers to the other man in the form of her husband then son. It can easily be understood by only an example of husband that the husband is required to support his wife. He is further required to support all his children in all situations, whether he remains married to his wife or he divorces her. A woman, on the other hand, may be required to look after herself, or she may be looked after by a man both before and after her marriage. Under no circumstances, she is required to feed her husband or her children. This means that a man bears at least double the burden of a woman within the family and in the Islamic social system. This is how justice is maintained in this wise distribution which achieves perfect balance between rights and duties, claims and liabilities. Additionally, it should also remain in the mind of a reader that in case of death of husband, father, son, and brother, Bait-ul-Maal is responsible to take care of that lady and mean while that single part of inherited wealth will be enough for her boarding and lodging of that lady. All objections to this system of distribution betray ignorance on the one hand and impudence with God on the other. They serve no purpose other than to shake the foundations of the whole system, of family and society, to no avail whatsoever. ⁵⁶

Furthermore, if the deceased leaves only daughters, and if there are two or more daughters then they will receive two-thirds of the inheritance and the remaining one-third will go to the other heirs. But if the deceased has only one son there is a consensus among jurists that in the absence of other heirs, he is entitled to all the property and if the deceased has other heirs, he is entitled to the property left after their shares have been distributed.

If the deceased leaves assets, each of his parents will receive one-sixth of the inheritance irrespective of whether the issue consists either only of daughters, only of sons, of both sons and daughters, of just one son or just one daughter. The remaining two-thirds will be distributed among the rest of the heirs. If there are no other heirs than the parents, the remaining two-thirds will go to the share of the father; otherwise the two-thirds will be distributed between the father and other heirs.

In the case where the deceased also has brothers and sisters, the share of the mother will be one-sixth rather than one-third. In this case the sixth that was deducted from the share of the mother will be added to that of the father, for in this circumstance the father's obligations are heavier. It should be noted that if the parents of the deceased are alive, the brothers and sisters will not be entitled to any share in the inheritance.

The mention of bequest precedes the mention of debt, although not everyone needs be encumbered with debt it is necessary that everyone should make a bequest. As for legalities, there is consensus among Muslims that the payment of debts takes precedence over the payment of bequests, i.e. if the deceased owes a debt and also leaves a bequest, the debt will first be paid out of the inheritance, and only then will his bequest be fulfilled. ⁵⁷

Judicial System

Not only was the Holy Prophet charged with the divine order to establish justice, ⁵⁸ but all the Apostles were also expected to establish it. ⁵⁹ All the believers were also ordered to establish justice which is a divine attribute. ⁶⁰ Hence establishing justice was the core aim of the Islamic judicial system.

The court system was not fully developed at the time of Prophet Muhammad as it is found in the modern times, but it was him who actually laid down its foundations. Later on, the three courts were established. The qadi’s court adjudicated cases after open trial and ensures that the sentences are carried out by the shurtah, the executive authority. The mualim courts provided an opportunity for all citizens of the Islamic State to file their suit against the injustice of any official of the State however high his/her rank may be. The accused were tried in the mualim court and if proved guilty shall be dealt with accordingly. Meanwhile, the hisbah institution was governed by public authorities and later entrusted to an official called muhtasib to supervise matters mostly and religious behavior, as well as the health and administration of the city. The aim of this supervision is to bring these matters into conformity with the applications of Islamic law and punish those who violate them. The Hisbah courts could adjudicate cases based on complaint concerning weight and measures, fraud in sales and non-payment of debts. Amazingly, a common citizen enjoyed the privilege to file a suit against an muhtasib in either qadi or mualim court. The person who takes account of the people was also accountable for himself and his office. ⁶¹

The legal system of Islam (unlike the legal systems of the super powers such as Egypt, Greece, Rome, China, India and Persia) was totally based on God Will instead of ‘Human will’ and hence was impartial, absolute and just. The Islamic laws set forth a standard of conduct. Everybody connected with the Islamic polity and organization, whether he is the leader or an ordinary member of the Muslim community, was directed to enjoin good and forbid wrong. The result was a society which was free from all social and other evils. All of the people abided by the law and the society became united, and started to progress. The people were so well groomed that even if someone committed a crime whether it was theft or any other, they themselves confessed to the crime and accepted the punishment. Such magnificent results were not found in any other legal system of any other civilization of the world.

• ¹ Syed Abdul Quddus (1987), The Challenge of Islamic Renaissance, Royal Book Company, Karachi, Pakistan, Pg. 35-36.
• ² Abdul Hameed Siddiqui (1975), Main Springs of Western Civilization, Islamic Book Centre, Lahore, Pakistan, Pg. 83.
• ³ Gamal Moursi Badar (1978), The American Journal of Comparative Law: Islamic Law, Its Relation with Other Legal Systems, Oxford University Press, Oxford, U.K., Vol. 26, No. 2, Pg. 187-188.
• ⁴ Holy Quran, Al-Baqarah (The Cow) 2: 32
• ⁵ Holy Quran, Al-Fatihah (The Opening) 1: 1
• ⁶ Holy Quran, Al-Baqarah (The Cow) 2: 255
• ⁷ Holy Quran, Al-Fatihah (The Opening) 1: 2
• ⁸ Holy Quran, Al-Hajj (The Pilgrimage) 22: 75
• ⁹ Dr. Muhammad Hamidullah (1973), Introduction to Islam, Sh. Muhammad Ashraf Publishers, Lahore, Pakistan, Pg. 91.
• ¹⁰ Holy Quran, Al-Najam (The Star) 53: 3-4
• ¹¹ Dr. Muhammad Hamidullah (1973), Introduction to Islam, Sh. Muhammad Ashraf Publishers, Lahore, Pakistan, Pg. 90-92.
• ¹² Abu Al-Qasim Suleman bin Ahmed Al-Tibrani (N.D), Al-M’ujam-ul-Awsat, Dar-ul-Harmen, Cairo, Egypt, Vol. 3, Pg. 318.
• ¹³ Dr. Muhammad Hamidullah (1973), Introduction to Islam, Sh. Muhammad Ashraf Publishers, Lahore, Pakistan, Pg. 90-92.
• ¹⁴ Abu Al-Qasim Suleman bin Ahmed Al-Tibrani (1994), Al-M’ujam-ul-Kabeer, Maktaba Ibn Taimiyah, Cairo, Egypt, Vol. 20, Pg. 170.
• ¹⁵ Dr. Muhammad Hamidullah (1973), Introduction to Islam, Sh. Muhammad Ashraf Publishers, Lahore, Pakistan, Pg. 91-92.
• ¹⁶ Dr. Muhammad Hamidullah (1973), Introduction to Islam, Sh. Muhammad Ashraf Publishers, Lahore, Pakistan, Pg. 89.
• ¹⁷ Holy Quran, Aale-Imran (The Family of Imran) 3: 104
• ¹⁸ Molvi Ferozuddin (2010), Feroz-ul-Lughaat, Feroz Sons, Lahore, Pakistan, Pg. 1264.
• ¹⁹ Ahmed Mukhtar Abdul Hameed Umar (2008), M’ujam-ul-Lughat-ul-Arabia Al-Mu’asira, Aalam-ul- Kutub, Cairo, Egypt, Vol. 3, Pg. 2281.
• ²⁰ Maulana Ameen Ahmed Islahi (2016), Tadabbur-e-Quran, Faran Foundation, Lahore, Pakistan, Vol. 2, Pg. 153-154.
• ²¹ Dr. Muhammad Hamidullah (1973), Introduction to Islam, Sh. Muhammad Ashraf Publishers, Lahore, Pakistan, Pg. 87-88.
• ²² Ibid, Pg. 90.
• ²³ Dr. Muhammad Hamidullah (1973), Introduction to Islam, Sh. Muhammad Ashraf Publishers, Lahore, Pakistan, Pg. 93-97.
• ²⁴ Malik bin Anas Al-Asbuhi (2004), Muwatta Imam Malik, Moassasatu Zaid bin Sultan Aale Nahyan lil A’amale Khairiya wal Insania, Abu Dhabi, United Arab Emirates, Vol. 5, Pg. 1196.
• ²⁵ Ahmed Mukhtar Abdul Hameed Umar (2008), M’ujam-ul-Lughat-ul-Arabia Al-Mu’asira, Aalam-ul- Kutub, Cairo, Egypt, Vol. 2, Pg. 867.
• ²⁶ Muslim bin Hajjaj Al-Neshapoori (2000), Sahih Muslim, Hadith: 4431, Darussalam, Riyadh, Saudi Arabia, Pg. 752.
• ²⁷ Holy Quran, Al-Noor (The Light) 24: 2
• ²⁸ Maulana Wahiduddin Khan (2016), The Quran: Translation and Commentary (Translated by: Farida Khanam), Goodword Books, New Delhi, India, Pg. 1073.
• ²⁹ Muhammad bin Eisa Al-Tirmidhi (2009), Sunan At-Tirmizi, Hadith: 1454, Darussalam, Riyadh, Saudi Arabia, Pg. 462.
• ³⁰ Towards Understanding the Quran (Online Version): https://islamicstudies.info/tafheem.php?sura =24&verse=1&to=10: Retrieved: 08-09-2019
• ³¹ Muhammad bin Yazeed Abu Abdullah Al-Qazweeni (2009), Sunan Ibne Majah, Hadith: 2561, Darussalam, Riyadh, Saudi Arabia, Pg. 462.
• ³² Ahmed bin Muhammad Abu Abdullah Al-Shaibani (1995), Al-Musnad Imam Ahmad bin Hanbal, Hadith: 2726, Dar-ul-Hadith, Cairo, Egypt, Vol. 3, Pg. 217.
• ³³ Maulana Wahiduddin Khan (2016), The Quran: Translation and Commentary (Translated by: Farida Khanam), Goodword Books, New Delhi, India, Pg. 291.
• ³⁴ Holy Quran, Al-Noor (The Light) 24: 4
• ³⁵ Abul Fida Ismail Ibne Kathir (2003), Tafseere-ibne-Kathir (Abridged), Darussalam, Riyadh, Saudi Arabia, Vol. 7, Pg. 24.
• ³⁶ Maulana Wahiduddin Khan (2016), The Quran: Translation and Commentary (Translated by: Farida Khanam), Goodword Books, New Delhi, India, Pg. 1073.
• ³⁷ Holy Quran, Al-Maidah (The Table Spread) 5: 38
• ³⁸ Maulana Ameen Ahmed Islahi (2016), Tadabbur-e-Quran, Faran Foundation, Lahore, Pakistan, Vol. 2, Pg. 517.
• ³⁹ Muhammad bin Idrees Al-Shaf’ai (1951), Musnad Al-Imam Shafi, Dar-ul-Kutub Al-Ilmiyah, Beirut, Lebanon, Vol. 2, Pg. 84.
• ⁴⁰ Maulana Wahiduddin Khan (2016), The Quran: Translation and Commentary (Translated by: Farida Khanam), Goodword Books, New Delhi, India, Pg. 88.
• ⁴¹ Holy Quran, Al-Baqarah (The Cow) 2: 219
• ⁴² Holy Quran, Al-Maidah (The Table Spread) 5: 90-91
• ⁴³ Maulana Ameen Ahmed Islahi (2016), Tadabbur-e-Quran, Faran Foundation, Lahore, Pakistan, Vol. 2, Pg. 591-592
• ⁴⁴ Holy Quran, Al-Nisa (The Women) 4: 43
• ⁴⁵ Muhammad bin Yazeed Abu Abdullah Al-Qazweeni (2009), Sunan Ibne Majah, Hadith: 3387, Darussalam, Riyadh, Saudi Arabia, Pg. 618.
• ⁴⁶ Nooruddin Ali bin Suleman Al-Haithmi (1992), Muwarid Al-Zaman ila Zawaid Ibn Habban, Dar-us-Siqafa Al-Arabia, Damascus, Syria, Vol. 4, Pg. 354.
• ⁴⁷ Towards Understanding the Quran (Online Version): https://islamicstudies.info/tafheem.php?sura=5&v erse=87&to=98: Retrieved: 08-09-2019
• ⁴⁸ Abu Jaffer Tahavi (1994), Sharah Ma’ani-ul-Aasaar, Aalam-ul-Kutub, Cairo, Egypt, Vol. 3, Pg. 158.
• ⁴⁹ Towards Understanding the Quran (Online Version): https://islamicstudies.info/tafheem.php?sura=2 &verse=177&to=182: Retrieved: 08-09-2019
• ⁵⁰ Holy Quran, Al-Baqarah (The Cow) 2: 178
• ⁵¹ Maulana Wahiduddin Khan (2016), The Quran: Translation and Commentary (Translated by: Farida Khanam), Goodword Books, New Delhi, India, Pg. 70.
• ⁵² Maulana Abdul Majid Daryabadi (1991), Tafsir-ul-Quran, Dar-ul-Ishat, Karachi, Pakistan, Vol. 1, Pg. 111. Holy Quran, Al-Nisa (The Women) 4: 92
• ⁵³ Ahmed bin Ali Abu Bakar Al-Jassas Al-Raazi (1984), Ahkam-ul-Quran, Dar-ul-Ihya At-Turas Al-Arabi, Beirut, Lebanon, Vol. 3, Pg. 2.
• ⁵⁴ Ahmed bin Ali Abu Bakar Al-Jassas Al-Raazi (1984), Ahkam-ul-Quran, Dar-ul-Ihya At-Turas Al-Arabi, Beirut, Lebanon, Vol. 3, Pg. 2.
• ⁵⁵ Holy Quran, Al-Nisa (The Women) 4: 11
• ⁵⁶ Sayyid Qutb (2016), In the Shade of the Quran, The Islamic Foundation, Leicester, U.K., Vol. 3, Pg. 42.
• ⁵⁷ Towards Understanding the Quran (Online Version): https://islamicstudies.info/tafheem.php?sura=4&verse =11&to=14: Retrieved: 09-09-2019
• ⁵⁸ Holy Quran, Al-Shoora (The Consultation) 42: 15
• ⁵⁹ Holy Quran, Al-Hadeed (The Iron) 57: 25
• ⁶⁰ Holy Quran, Al-Nahl (The Bee) 16: 90
• ⁶¹ Jasri Jamal (2010), Administration of the Islamic Judicial System: An Overview, Mimber Hukum, Yogyakarta, Indonesia, Vol. 22, No. 3, Pg. 415.