Basic principles in Islamic judiciary

Abstract

There is no doubt that one of the lofty and basic goals in Islam is the application of justice and fairness in society; On this basis, an Islamic system was established, called the Islamic judiciary, in the arena in which the Islamic government plays a role. The evidence for this is that one of the characteristics through which the judicial system is considered fair is that it includes regulations and laws that enable it to become applicable to the application of justice in Islamic judiciary and trials. And for the primary role that the method of trials plays in ensuring justice, therefore, in Islamic law, it emphasized the judiciary and how its rulings are issued in a fair manner, and that the judiciary was considered one of the affairs of the infallible Imam and the just ruler who takes over the Islamic rule; Therefore, one of the important topics in the Islamic judiciary is how to apply justice in the pace of trials. In this article, in order to define the judicial system in Islamic trials and focus on its fairness and fairness, and by making use of the four sources (the Book, Sunnah, reason, and consensus), we will study the basic principles in Islamic judiciary, by relying on the method of description and analysis. These principles are: justice and impartiality in the pace of trials, the independence of the judge, the principle of not prolonging the trials, the non-consideration of confession, testimony, and the oath to anyone other than the judge, direct referral and appearance before the judge, and the issuance of judgment according to Islamic standards.