The Judicial System in Islam: A Foundational Comparative Study

Abstract

This research aims to identify the justice system in Islam as a comparative study, as one of the great Islamic systems that ensures people to achieve the desired justice, equality and freedom hoped for. With the aim of stabilizing the provisions of the Holy Law in society and applying justice therein. This research is based on descriptive and comparative study, by tracking the concept of the judiciary, knowing its judgement and legitimacy, and identifying its sources. With the explanation of the conditions of the judge in Islam, in addition to the judgment of women's access to the judiciary, one of the most important findings of the research was that the study of the judicial system in Islam is an extension of our Islamic history and a connection with our present, which needs such a civilized system to bring it out of our past. The judiciary and the wisdom of its legislation are intended to reach out to its people, to break off the litigation. The arrival of the rights is one of the fairness of heaven and earth. Among the conditions considered in the judge are Islam, puberty and mind, justice, the safety of the senses, Diligence, one of the conditions in which jurisprudence differs is the requirement of masculinity, and the most likely statement is that it must be made available in the judiciary.