Justice Under Islam

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If you take a look at how the unique Judicial System of the Islamic State operates, you
will see that the courts are not the sole factor in curbing the tide of crime. Rather they are
the last line of defence. You would see how the State guarantees your rights, and ensures
that justice is the only arbiter in your disputes.

Taqwaa - the first line of defence

As a Muslim, you would appreciate that your belief in Islam, and the notion of obedience
to your Creator, Allah (swt), causes you to behave in a certain way. Your taqwaa (fear of
Allah) will motivate you to leave what is prohibited (haraam), and do what is obligatory
(fard). Thus, it will automatically help to prevent you and others around you from
committing crimes, like thieving, mugging, drug abuse etc. which are all haraam (illegal)
in Islam.

For the Muslim, the issue thereafter becomes not weighing up the risks of committing a
crime for which there is a possibility of being caught. Instead it is a matter of facing
punishment in the Hellfire, which Allah (swt), the All-Knowing, All-Seeing, prepares for
those who go astray!

The pressure of public opinion

The second factor concerns the society itself. In the Islamic State you are in an
environment which is based around and propagates only the Islamic values and emotions
There will be no media influences tempting you away from obedience to Allah (swt), nor
will the non-Islamic ambitions held by people around us here, like success at all costs or
increasing of status, affect us. You will find yourself surrounded by people who look
down upon actions contradictory to Islam and who praise those which accord with it.
These will all create a public opinion against committing crime that will act as a check
against those who are tempted to do so.

Justice in Islam

Human beings are limited in knowledge and are fallible. They are prone to error and
subject to prejudice. Islam does not leave the legislation of justice to the whims and
fancies of human beings as is the case in the West (or in the East). Instead, the permission
to make laws is only for Allah (swt), the Creator of mankind and the One who knows
human beings the best. Who do you think is best qualified for this task? Allah (swt) says,
"The rule is for none but Allah." [EMQ 6:57]

Thus, you can rest assured that in an Islamic court, factors such as the judge being friends
with the accused, or having had a bad day, have no bearing on the severity of the
punishment he chooses to administer.
If you are a victim of crime and are poor while your opponent is wealthy, this will have
no affect whatsoever on the verdict of the court. While you are allowed to appoint a
representative to speak on your behalf, there are no vast sums of money at stake. The
objective of the courts is solely to establish justice, not to make money. Therefore, it does
not matter who presents your case, or how persuasively he speaks, but it is up to the
judge to ascertain the facts and evaluate them.

In Islam, only definite evidence of guilt is sufficient for the administration of a sentence.
Accordingly, there is no concept of a jury, whose members may disagree between
themselves on the verdict, purely on the basis of their own personal discretion.

Circumstantial evidence, which is inconclusive and subject to different interpretations, is

not enough. All evidence is presented to a judge who is expert in jurisprudence, and he
imposes punishment according to laws from Islam. Thus only those proven to be
criminals are punished. Criminals for whom no conclusive verdict is possible will not
escape the punishment on the Day of Judgement.