Qada Al Mazalim LAW499 concept of Qada Al Mazalim PDF

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Explain the concept of Qada of Mazalim in the Islamic history. Mazalim can be defined as injustice, oppression and misconduct. Qada Al Mazalim is an independent court known a Court of Unjust Acts. Also known as Mazalim Region where it is the highest judicial power that judges or decides mazalim case...

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2. Explain the concept of Qada of Mazalim in the Islamic history. Mazalim can be defined as injustice, oppression and misconduct. Qada Al Mazalim is an independent court known a Court of Unjust Acts. Also known as Mazalim Region where it is the highest judicial power that judges or decides mazalim cases committed by individuals who have influence and power in the countries where ordinary judiciary cannot handle it. Ibnu Khaldun has pointed out that Qada Mazalim was a coalition or combination of the influence of judicial power and justice. The position for Qada Al-Mazalim is known as wali al-mazalim, sahib al-mazalim, nazir al-mazalim, qadi al-mazalim. It deals with the disputes between the states and citizens. Citizens who have complaints against the actions of the states can register it to the court where it is a matter of public interest. The court exercise check and balance where they constantly observe the actions of all state officials and the legislation adopted in order to ensure that it conforms to the Shariah so that there shall be no oppression committed against the people. The court is presided by eminent and qualified judges known as Qadhi alMazalim. The judges qualifications are first, he must not be a minor as the decisions of minors cannot be bind. Next, he must be sane in which he must be in the right mind and do not suffer any mentally challenge. Furthermore, he must be free where a judge cannot be a slave. He must be a muslim and a male. He must also have an upright character where a judge must perform all obligatory religious duties, be honest and have integrity. Moreover, a judge must have the capacity to make independent juristic reasoning. A judge must not be blind, deaf or mute. One of the powers conferred to the judges are they must ensure that the people are not oppressed by the officials. If there is any mischief, Qadi Al-Mazalim must advise and terminate the officials who acted inappropriately. It is granted extensive powers by the Shariah and also have powers to remove any officials of the state regardless of their rank and position. The judges have investigatory powers and do not require a citizen to register a complaint before making an investigation. The importance of Qada Al Mazalim can be seen in Surah Al-Nisa verse 59 which states “Oh you who believe! Obey Allah and obey the Ulul Amri among you. If you dispute with one another, return it to Allah and His Messenger if you have faith in Allah and the Last Day. That is better (and better).” Besides Allah and His Messenger,

we must obey the authority body to ensure to smoothness of the administration of the country....