Islamic Judicial System: Qadha, Hisbah, and Mazhalim — Three Pillars of Uncompromising Justice
Dear readers, imagine you are walking through a bustling market in the city of Baghdad in the ninth century. Amidst the loud haggling of merchants, you see an old man in a tattered robe pulling the arm of a wealthy merchant. “Your measure is short, O merchant! I bought ten sha’, but you gave me only eight!” The wealthy merchant laughs dismissively. People around only watch, no one dares to defend him.
Then, from the crowd, emerges a state official — not a policeman, not a soldier — who immediately reprimands the merchant, checks his scales, and orders him to return the buyer’s right right then and there. Without court costs. Without expensive robed lawyers. Without a months-long process.
This is a portrait of justice in Islam. Not an abstract concept beautiful on paper, but a reality that lives, breathes, and stands upright in the midst of society.
Today, we live in a paradoxical world. On one hand, court buildings tower magnificently with white marble and statues of blindfolded goddesses of justice. On the other hand, ordinary people seeking to claim their rights must prepare tens of millions of rupiah for lawyer fees, wait years for verdicts through appeals and cassation processes, and still have to compete with corruptors who can “buy” justice with their haram money.
Why has the modern judicial system — which should be the fortress of justice — grown further from the people it serves?
The answer lies in the ideological foundation building that system. Through the lens of Hizbut Tahrir’s tsaqofah, particularly the books Nizhamul Hukm fil Islam and Mafahim Hizbut Tahrir by Sheikh Taqiuddin An-Nabhani, we will comprehensively explore the revolutionary Islamic judicial system — a system that knows no official immunity, does not burden the people with costs, and does not delay justice.
Let us explore 10 important points about the Islamic judicial system.
1. Introduction: The Paradox of Modern Justice and Islam’s Promise
Every civilization throughout human history has had a judicial system. The Romans had Justinian’s Corpus Juris Civilis. The English had the Common Law system. Ancient Egypt had courts under the Pharaohs. Every civilization claims itself to be just.
However, there is one fundamental question rarely asked: just according to whose standard?
In liberal democracy, the standard of justice is determined by parliament — a group of humans who can change the definition of “just” and “unjust” according to political interests and capital pressures. Today an action is considered criminal, tomorrow it can be legalized simply because the majority in parliament changes its mind.
In absolute monarchy, the standard of justice is in the king’s hands. The famous expression “The King can do no wrong” becomes a shield protecting the ruler from the people’s demands.
Islam comes with a fundamentally different answer. The standard of justice in Islam does not come from human desires, but from Allah ﷻ — the Creator who is All-Just and All-Knowing of the nature of His creation.
Allah ﷻ says:
وَتَمَّتْ كَلِمَتُ رَبِّكَ صِدْقًا وَعَدْلًا ۚ لَا مُبَدِّلَ لِكَلِمَاتِهِ ۚ وَهُوَ السَّمِيعُ الْعَلِيمُ
“And the word of your Lord has been fulfilled in truth and in justice. None can alter His words, and He is the Hearing, the Knowing.” (QS. Al-An’am [6]: 115)
“Truth and justice” — two attributes attached to Allah’s law. Because it comes from the Creator, Islamic law cannot be dictated by political interests, oligarchic pressure, or social trend currents. It is firm, consistent, and applicable to all — rich or poor, official or ordinary citizen, Muslim or non-Muslim.
In the Islamic judicial system, not a single human is immune from the law. Even the Khalifah can be sued by an ordinary citizen, and if he loses — the Khalifah must accept the verdict with an open heart. This is not utopia. This has happened in Islamic history, and will happen again when the Khilafah is established, God willing.
2. Definition of Al-Qadha: What Is Islamic Justice?
In Arabic, Al-Qadha (القضاء) linguistically means judgment, resolution, or decision. In Shariah terminology, Al-Qadha is defined as:
الْقَضَاءُ: هُوَ الْفَصْلُ فِي الْخُصُومَاتِ بِأَحْكَامِ الشَّرْعِ
“Al-Qadha is resolving disputes with the laws of Shariah.”
This definition contains three fundamental elements:
First: The existence of a dispute (Al-Khusumat). Justice is only needed when there is a conflict — between two or more parties — that cannot be resolved independently. Without dispute, there is nothing to judge.
Second: The existence of a judge (Al-Qadhi). A person appointed by the Khalifah to decide cases. Not a panel of judges, not a jury, not a council — but one judge directly accountable to Allah ﷻ for his verdict.
Third: The law used is Shariah. Not man-made legislation, not a constitution, not court precedent. The source of law is one: the Qur’an and the Sunnah.
Allah ﷻ affirms the obligation to judge by Shariah in His word:
فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا
“But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.” (QS. An-Nisa’ [4]: 65)
This verse is very firm and binding. Allah’s ﷻ oath with the phrase “Furabbika” (by your Lord) shows how serious this obligation is. A person’s faith is considered incomplete — in this context — until they are content with the law of the Messenger of Allah ﷺ.
Role of the Qadhi in the Khilafah State
| Aspect | Description |
|---|---|
| Appointment | Directly appointed by the Khalifah |
| Main Conditions | Muslim, adult, sane, just, mujtahid (able to derive law) |
| Independence | Cannot be intervened by the Khalifah, ministers, or anyone |
| Accountability | Accountable to Allah ﷻ and can be tried if judging unjustly |
| Term of Office | As long as he meets conditions and does not resign |
It must be emphasized: although the Khalifah appoints the Qadhi, once sworn in the Qadhi becomes fully independent. The Khalifah must not interfere with the Qadhi’s verdict, must not dismiss him for a verdict not favoring the government, and even the Khalifah himself is obligated to come to court if sued.
The Messenger of Allah ﷺ said about how noble the position of a just judge is:
الْقُضَاةُ ثَلَاثَةٌ: قَاضِيَانِ فِي النَّارِ، وَقَاضٍ فِي الْجَنَّةِ. رَجُلٌ عَرَفَ الْحَقَّ فَقَضَى بِهِ فَهُوَ فِي الْجَنَّةِ، وَرَجُلٌ قَضَى لِلنَّاسِ عَلَى جَهْلٍ فَهُوَ فِي النَّارِ، وَرَجُلٌ عَرَفَ الْحَقَّ فَجَارَ فِي الْحُكْمِ فَهُوَ فِي النَّارِ
“Judges are three: two in the Fire and one in Paradise. A man who knows the truth and judges by it, he is in Paradise. A man who judges for people in ignorance, he is in the Fire. And a man who knows the truth but acts unjustly in his judgment, he is in the Fire.” (HR. Abu Dawud no. 3573, At-Tirmidhi no. 1322)
This hadith is a stern warning for every Qadhi. His responsibility is not to the Khalifah, not to the people, but directly to Allah ﷻ on the Day of Resurrection.
3. Three Types of Judges: The Architecture of Islamic Justice
One of the uniqueness of the Islamic judicial system — not found in any secular system — is the division of judges into three types based on the field of cases they handle. This division is not merely administrative, but reflects Islam’s deep understanding of the various layers of justice that must be established.
Table 1: Comparison of Three Types of Judges
| Aspect | Qadhi Khusumat | Qadhi Hisbah | Qadhi Mazhalim |
|---|---|---|---|
| Field | Disputes between individuals (private rights) | Violations of public rights (public rights) | Injustice by rulers and officials |
| Disputing Parties | Individual vs Individual | State vs Violator | People vs Ruler/Official |
| Initiative | Waits for complaint (passive) | Active without need for complaint | Can be active or receive lawsuits |
| Example Cases | Land disputes, debt, divorce | False scales, monopoly, public immorality | Official corruption, unjust policies, land seizure |
| Nature of Verdict | Final and binding | Directly executed on the spot | Final, can annul state policy |
| Level of Authority | Basic | Intermediate | Highest — can try the Khalifah |
Why does Islam need three types of judges? Because justice in Islam is not only about resolving disputes between two people (as in the modern system). Islam also cares about public rights — rights owned by the entire society collectively — and protection of the people from the injustice of rulers — which is a constitutional guarantee in the Khilafah.
In the modern democratic system, these three functions are mixed together. Civil court judges handle civil and criminal cases simultaneously. Market oversight institutions (such as OJK, BPOM, or KPPU in Indonesia) are separate from the judiciary and often weak in execution. Meanwhile, the president and ministers are protected by constitutional immunity making them practically un-suable by ordinary citizens.
Islam resolves this problem with a neat judicial architecture: each judge has a clear domain, firm authority, and guaranteed independence.
4. Qadhi Khusumat: Judge of Disputes Between Individuals
Qadhi Khusumat (قاضي الخصومات) is the type of judge most known to the public. He is the judge handling disputes between two or more individuals — what in the modern system is called civil and criminal cases.
4.1 Scope of Cases
Qadhi Khusumat handles three main types of cases:
First: Civil Cases (Al-Mu’amalat). Debt disputes, breach of contract in business, land and property disputes, inheritance distribution, and disputes in sale-purchase or syirkah (business partnership) contracts.
Second: Criminal Cases (Al-‘Uqubat). Crimes such as theft (sariqah), murder (qatl), assault (jarh), zina, false accusation of zina without proof (qadhf), and other crimes having specific sanctions in Shariah (hudud) or sanctions determined by the judge (ta’zir).
Third: Family Cases (Al-Ahwal Asy-Syakhsiyyah). Divorce, child custody (hadhanah), alimony, polygamy, and other family disputes.
4.2 Process of Khusumat Justice
The judicial process in Qadhi Khusumat follows a simple yet robust flow:
Table 2: Flow of Khusumat Judicial Process
| Stage | Description | Basis |
|---|---|---|
| 1. Complaint | The wronged party comes to the Qadhi | Initiative from the plaintiff |
| 2. Summons | The defendant is summoned to appear | Right of defense |
| 3. Proof | Plaintiff brings evidence (witnesses, documents, oath) | BURDEN OF PROOF on plaintiff |
| 4. Verdict | Qadhi decides based on evidence and Shariah | Judge’s ijtihad |
| 5. Execution | Verdict is immediately executed | Final and binding |
The principle of proof in Islamic justice is very clear. The Messenger of Allah ﷺ said:
الْبَيِّنَةُ عَلَى الْمُدَّعِي، وَالْيَمِينُ عَلَى مَنْ أَنْكَرَ
“The burden of proof is on the claimant, and the oath is on the one who denies.” (HR. At-Tirmidhi no. 1333, Al-Baihaqi in As-Sunan Al-Kubra)
Meaning, if you claim someone owes you, you must bring proof. If the defendant denies, he need only swear. If the plaintiff cannot bring proof, his claim is dismissed. This principle prevents wild accusations and protects people unfairly accused.
4.3 Basic Principles of Khusumat Justice
| Principle | Explanation |
|---|---|
| Single Judge | One Qadhi decides the case — not a panel, not a council |
| Free | No court costs. Justice is the right of every citizen |
| Open | Sessions open to the public. People can attend and oversee |
| Fast | No prolonged appeals. The Qadhi’s verdict is final |
| Just | No discrimination. Muslim and non-Muslim equal before the Qadhi |
| Binding | Verdict must be executed immediately, cannot be delayed |
The principle of single judge often surprises those accustomed to modern judicial systems using panels of judges (three or five). However, Islamic logic is very clear: with one judge, the process is fast, responsibility is clear, and there is no mechanism of “passing the buck” among judges. If the judge is just and knowledgeable, one person is enough to establish justice.
The Messenger of Allah ﷺ himself was the first Qadhi in Islam. He ﷺ decided disputes among the companions alone, without a panel of judges. The Rightly Guided Caliphs followed this example. When Umar bin Khattab (RA) appointed Qadhi in various cities, he assigned one Qadhi per city — not a panel.
4.4 Exemplary Story: The Messenger of Allah ﷺ as Judge
One of the most famous stories about the justice of the Messenger of Allah ﷺ in deciding cases is when two women from the Hudhayl tribe disputed. Both came to the Messenger of Allah ﷺ requesting a judgment. The Messenger of Allah ﷺ sat with them, listened to both parties patiently, then decided based on the evidence available.
The companions recorded that the Messenger of Allah ﷺ always gave equal opportunity to both parties to speak. He ﷺ never interrupted one party’s speech before it was finished. This is the judicial etiquette he ﷺ taught: listen to both parties before deciding.
The Messenger of Allah ﷺ said:
مَنْ كَانَ لَهُ خَصْمَانِ فَأَطَالَ لِأَحَدِهِمَا الِاسْتِمَاعَ جَاءَ يَوْمَ الْقِيَامَةِ مَائِلًا
“Whoever has two disputing parties and gives longer attention to listening to one of them, he will come on the Day of Resurrection leaning (unjust).” (HR. Abu Dawud no. 3582)
This hadith becomes a guideline for every Qadhi: be equally just in listening to both parties. No one should feel treated more favorably or more unfavorably.
The Messenger of Allah ﷺ also gave a direct example in his justice. He ﷺ said:
إِنَّ الْمُقْسِطِينَ عِنْدَ اللَّهِ عَلَى مَنَابِرَ مِنْ نُورٍ عَنْ يَمِينِ الرَّحْمَنِ عَزَّ وَجَلَّ، وَكِلْتَا يَدَيْهِ يَمِينٌ، الَّذِينَ يَعْدِلُونَ فِي حُكْمِهِمْ وَأَهْلِيهِمْ وَمَا وَلُوا
“Indeed, the just will be with Allah on pulpits of light, at the right hand of the Most Merciful — and both of His hands are right hands — those who are just in their judgment, their families, and what they are entrusted with.” (HR. Muslim no. 1827)
This hadith shows how noble the position of the just is before Allah ﷻ. Pulpits of light on the Day of Resurrection — a very high position — is reserved for those who establish justice in the world.
5. Qadhi Hisbah: Guardian of Public Rights and Social Morality
If Qadhi Khusumat is passive — waiting for complaints — then Qadhi Hisbah (قاضي الحسبة) is active. He does not wait for people to come complaining. He goes to the field, inspects, oversees, and acts immediately when he finds violations of public rights.
5.1 Definition and Basis
The word Hisbah (الحسبة) comes from a root meaning calculation or reckoning. In Shariah terminology, Hisbah is defined as:
الْحِسْبَةُ: الْأَمْرُ بِالْمَعْرُوفِ إِذَا تُرِكَ، وَالنَّهْيُ عَنِ الْمُنْكَرِ إِذَا ظُهِرَ
“Hisbah is enjoining good when it is abandoned, and forbidding evil when it appears openly.”
The basis of Hisbah comes directly from the Qur’an:
وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ ۚ وَأُولَٰئِكَ هُمُ الْمُفْلِحُونَ
“And let there be [arising] from you a nation inviting to [all that is] good, enjoining what is right and forbidding what is wrong, and those will be the successful.” (QS. Ali ‘Imran [3]: 104)
Allah ﷻ makes Hisbah — enjoining good and forbidding evil — a cause of success. And in the context of justice, the state (Khilafah) is obligated to appoint a Qadhi Hisbah professionally tasked with upholding public rights.
5.2 Scope of Qadhi Hisbah
Qadhi Hisbah handles matters concerning public rights (al-haqq al-‘amm), including:
Table 3: Fields of Authority of Qadhi Hisbah
| Field | Example Cases | Action of Qadhi |
|---|---|---|
| Market Oversight | False scales, product fraud, monopoly, hoarding (ihtikar) | Market raids, direct reprimand, sanctions |
| Public Morality | Sale of khamr, open prostitution, gambling, pornography | Closure of places, confiscation of goods |
| Public Infrastructure | Damaged roads, collapsed bridges, buildings endangering the public | Order for repair, demolition |
| Environment | Water pollution, indiscriminate waste disposal | Order to stop, sanctions |
| Public Service | State employees neglecting duties, damaged public facilities | Reprimand, administrative sanctions |
| Prices | Price speculation harming the people, merchant cartels | Price intervention, sanctions |
5.3 Uniqueness of Qadhi Hisbah: Direct Execution
The most striking difference between Qadhi Hisbah and Qadhi Khusumat is the speed of execution. If Qadhi Khusumat must go through a process of proof and verdict first, Qadhi Hisbah can act immediately on the spot when he sees immorality.
For example: if Qadhi Hisbah finds a merchant using false scales in the market, he does not need to wait for a complaint. He directly reprimands the merchant, checks his scales, and orders him to return the buyer’s right. If the merchant refuses, Qadhi Hisbah has the authority to impose a ta’zir sanction (judge-determined punishment) right then and there.
However, this does not mean Qadhi Hisbah acts arbitrarily. He remains bound to Shariah. He can only handle matters that are real and visible (zhahir). He must not investigate what is hidden — for example, he must not enter someone’s home to search for concealed immorality.
5.4 Story of Abu Ubaidah: Muhtasib Appointed by Umar bin Khattab
One of the most famous examples of the application of Hisbah in Islamic history is when Umar bin Khattab (RA) appointed Abu Ubaidah bin Al-Jarrah (RA) as Muhtasib (executor of Hisbah) in the city of Madinah.
Abu Ubaidah was known as a very honest companion and titled Al-Amin (the trustworthy) — a title also borne by the Messenger of Allah ﷺ. When Umar appointed him to oversee the market of Madinah, Abu Ubaidah did not sit in an office waiting for reports. He patrolled the market every day, checking merchants’ scales, verifying the quality of goods, and ensuring no deception against the people.
One day, Abu Ubaidah found a food merchant mixing low-quality wheat with premium wheat, then selling it at the premium wheat price. Abu Ubaidah immediately reprimanded him in front of the buyers:
“O merchant! Allah is not pleased with your action. You deceive your brothers by mixing good goods with bad. This is a betrayal of public trust!”
Abu Ubaidah then ordered the merchant to separate the quality wheat and inform the buyers about what they were actually buying. There was no lengthy court process. No lawyer fees. Justice was established right then and there.
Lessons from Abu Ubaidah’s Story:
First, Hisbah is not a passive institution. It must actively go to the field. Second, prevention is better than cure. By overseeing the market regularly, Qadhi Hisbah prevents injustice before it occurs. Third, the authority of Hisbah comes from Shariah, not from personal desire. Abu Ubaidah acted based on Allah’s law, not based on taste or political interest.
5.5 Hisbah vs Modern Regulation
Table 4: Hisbah in Islam vs Modern Oversight Institutions
| Aspect | Qadhi Hisbah (Islam) | Modern Institutions (OJK, BPOM, KPPU, etc.) |
|---|---|---|
| Initiative | Actively goes to the field | Passive, waiting for reports |
| Execution | Directly on the spot | Requires lengthy legal process |
| Cost to People | Free | Often requires a lawyer |
| Scope | All public immorality (market, morals, infrastructure) | Separated per institution |
| Accountability | To Allah ﷻ and Shariah | To superiors/government |
| Speed | Instant | Can take months or years |
This comparison shows how efficient and effective the Hisbah system is. In the modern system, people must deal with layered bureaucracy, fill out complaint forms, wait for investigation, and ultimately there may be no follow-up. In Islam, Qadhi Hisbah is present as a “field guardian” who directly handles problems before they grow.
6. Qadhi Mazhalim: The People’s Last Fortress Against Ruler’s Injustice
If there is one institution most distinguishing the Islamic judicial system from all secular systems in the world, it is Qadhi Mazhalim (قاضي المظالم) — the judge who tries the injustice of rulers.
6.1 Definition and Urgency
The word Mazhalim (المظالم) is the plural of zhulm (ظلم) meaning injustice, unfairness, or violation of rights. Qadhi Mazhalim definitively is:
قَاضِي الْمَظَالِمِ: هُوَ الَّذِي يَفْصِلُ فِي ظُلْمِ الْحُكَّامِ وَالْوُجَهَاءِ وَيَنْظُرُ فِي تَصَرُّفَاتِهِمْ
“Qadhi Mazhalim is the judge who decides matters of injustice by rulers and elites, and examines their actions.”
Why is this institution so important? Because in every civilization, the greatest source of injustice is not from ordinary people, but from rulers. Ordinary people may steal or deceive, but a unjust ruler can seize the land of millions, order unjust wars, and oppress the people with the power of the state military.
Islam is not naive about this. Islam understands that power can corrupt and rulers can be unjust. Therefore, Islam builds real checks and balances mechanisms — not merely campaign promises or codes of ethics that can be violated without consequence.
6.2 Authority of Qadhi Mazhalim
Qadhi Mazhalim has very broad authority — far broader than Qadhi Khusumat or Qadhi Hisbah.
Table 5: Authority of Qadhi Mazhalim
| Authority | Description |
|---|---|
| Trying state officials | From governors, ministers, to the Khalifah himself |
| Annulling state policy | If contradicting Shariah or unjust to the people |
| Dismissing officials | If proven to commit injustice |
| Seizing unlawful assets | Assets from corruption or seizure are returned |
| Forcing execution | Can request the state military’s help to execute verdicts |
| Receiving direct lawsuits from the people | Without intermediaries, without cost, without bureaucracy |
This extraordinary authority of course requires an extraordinary judge. Qadhi Mazhalim must be the most knowledgeable, most just, and most courageous among the judges. He must not fear anyone — because if he fears the Khalifah, he will not be able to try the Khalifah justly.
6.3 Legendary Story: Ali bin Abi Talib Sued by a Jewish Man
There is no more beautiful story illustrating Islamic judicial justice than the story of Khalifah Ali bin Abi Talib (RA) being sued by a Jewish man before Qadhi Shuraih.
Chronology of the Story:
One day, Ali bin Abi Talib (RA) lost his armor (dir’) — a very valuable piece of war equipment. He searched everywhere until he finally found it with a Jewish man in the market of Kufah. Ali did not simply take it with his authority as Khalifah. Instead, he brought the case to Qadhi Shuraih — the judge he himself had appointed.
In court, Ali said: “O Qadhi, that armor is mine. I never sold it and never gave it to anyone.”
Qadhi Shuraih — with extraordinary courage — turned to the Khalifah and said: “O Amirul Mukminin, do you have proof?”
Ali replied: “Yes. Hasan (my son) and Qanbar (my servant) will testify that this armor is mine.”
Qadhi Shuraih said: “O Amirul Mukminin, the testimony of a child for his father is not accepted in Shariah. And the testimony of a servant for his master is also not accepted. You have no valid proof.”
Ali — the Khalifah, son-in-law of the Messenger of Allah ﷺ, one of the Rightly Guided Caliphs — lost in court.
He accepted the verdict with a smile and said: “The Qadhi is right. I indeed have no valid proof.”
The Jewish man was shocked half to death. He never imagined that a Khalifah — the highest ruler of the state — could lose in court to an ordinary citizen like himself. He said:
“By Allah, this armor indeed belongs to Amirul Mukminin! I saw it fall from his camel at night, then I took it. I bear witness that there is no god but Allah, and Muhammad is the Messenger of Allah. I embrace Islam because of the justice I saw today.”
Lessons from This Story:
First, there is no immunity in Islam. The Khalifah is the same as an ordinary citizen before the law. Second, the Qadhi must dare to decide against the ruler — and Qadhi Shuraih proved that courage. Third, Islamic justice is the most effective da’wah — the Jewish man embraced Islam not because of force, not because of persuasion, but because he saw real justice with his own eyes.
6.4 Story of Umar bin Khattab: Khalifah Routinely Brought to Court
Umar bin Khattab (RA), the second Khalifah, was also known as a leader very submissive to the law. He even proactively placed himself under judicial oversight.
One day, a man from Egypt came to Madinah complaining about the son of the governor of Egypt — ‘Amr bin Al-‘Ash. The governor’s son had oppressed the people of Egypt and taken their rights. Umar bin Khattab did not protect the governor’s son. He summoned both of them, listened to the Egyptian man’s complaint, and decided the case justly — siding with the wronged people.
Umar then said a very famous phrase to the governor’s son:
مَتَى اسْتَعْبَدْتُمُ النَّاسَ وَقَدْ وَلَدَتْهُمْ أُمَّهَاتُهُمْ أَحْرَارًا؟
“Since when have you enslaved people, when their mothers bore them free?”
And to the governor ‘Amr bin Al-‘Ash, Umar sent a short and firm letter: “From Umar to ‘Amr: why do you enslave people born free?”
Lessons from Umar’s Story:
First, the Khalifah does not protect unjust officials — rather the Khalifah is the first to act against them. Second, ordinary people from any land have direct access to the Khalifah to complain about injustice. Third, Islam protects the rights of every human — Muslim or non-Muslim — from the injustice of anyone.
6.5 Qadhi Mazhalim vs Modern Constitutional Court
Table 6: Comparison of Mahkamah Mazhalim with Modern Judicial Institutions
| Aspect | Qadhi Mazhalim (Khilafah) | Constitutional Court / State Administrative Court |
|---|---|---|
| Can try the head of state? | Yes, the Khalifah can be sued and must appear | No — the president has immunity |
| Official immunity? | None. All equal before Shariah | Exists — president, ministers, judges are protected |
| Cost for people | Free | Paid (lawyers, court fees) |
| Speed of verdict | Fast, direct, final | Years (lawsuit, appeal, cassation, judicial review) |
| Source of law | Islamic Shariah (Qur’an & Sunnah) | Constitution and man-made laws |
| Can annul policy? | Yes, directly executory | Yes, but often not executed by government |
| People’s access | Open to all | Difficult, requires layered administrative requirements |
7. Principles of Islamic Justice: Simple, Fast, and Uncompromising
After understanding the three types of judges, let us summarize the fundamental principles that are the spirit of the entire Islamic judicial system.
7.1 Single Judge, Not a Panel
In the democratic system, court verdicts are taken by a panel of judges (three or five) or even a jury (12 laypeople). The reason: “So there is no bias from one person.” Ironically, this very system makes the process slow and responsibility blurred.
Islam chooses one judge per case. The reasons:
Table 7: Advantages of the Single Judge System
| Aspect | Single Judge (Islam) | Panel of Judges (Modern) |
|---|---|---|
| Speed | Fast verdict, no need for inter-judge consultation | Slow, must wait for all judges to agree |
| Responsibility | Clear — one person fully responsible | Blurred — “collective verdict” |
| Cost | Cheaper for the state | More expensive (salaries of many judges per case) |
| Quality of Verdict | Depends on the quality of one strictly selected judge | Can be “watered down” by political compromise among judges |
7.2 Free Justice for All
In Islam, justice is not a commodity. There is no case registration fee, no court fee, no execution fee. All are borne by the state from the Baitul Mal treasury.
Why? Because justice is a fundamental right of every citizen — like air freely breathed without cost. If justice must be bought with money, then only the rich can obtain it, and the poor will be wronged without resistance.
7.3 Final Verdict — No Prolonged Appeals
In Islamic justice, the Qadhi’s verdict is final and immediately executed. There is no appeal process to a higher court, no cassation, no Judicial Review (PK) that can take years.
This does not mean Islam is not careful. On the contrary, Islam is very careful — but at the stage of selecting judges. The Khalifah does not arbitrarily appoint Qadhi. He chooses the most knowledgeable, most just, and most God-conscious people. If the judges are already of high quality, why need appeals?
7.4 Transparency: Sessions Open to the Public
Every judicial session in Islam is open to the public. People may attend, listen, and oversee. There are no closed sessions except in certain cases concerning individual privacy (such as family cases).
This transparency is a natural form of accountability. When people can witness for themselves how the Qadhi decides cases, they can assess whether the Qadhi is just or not. And if the Qadhi is proven unjust, the people can complain to the Qadhi Mazhalim.
7.5 Accountability of Judges: Not Immune from the Law
Qadhi in Islam are not officials immune from the law. If a Qadhi is proven to judge unjustly — whether due to bribery, political pressure, or intent — he can be tried and sanctioned. Sanctions for unjust Qadhi are even heavier than for ordinary people, because they betray the trust of Allah and the Messenger of Allah ﷺ.
Allah ﷻ says:
إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا وَإِذَا حَكَمْتُمْ بَيْنَ النَّاسِ أَنْ تَحْكُمُوا بِالْعَدْلِ ۚ إِنَّ اللَّهَ نِعِمَّا يَعِظُكُمْ بِهِ ۗ إِنَّ اللَّهَ كَانَ سَمِيعًا بَصِيرًا
“Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.” (QS. An-Nisa’ [4]: 58)
This verse affirms two commands: rendering trusts to those entitled, and judging with justice. A Qadhi who judges unjustly has betrayed both of these commands.
Additionally, Allah ﷻ also commands justice even against those we do not like. This is the peak of Islamic justice — there must be no bias due to hatred or love:
يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ لِلَّهِ شُهَدَاءَ بِالْقِسْطِ ۖ وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا ۚ اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَىٰ ۖ وَاتَّقُوا اللَّهَ ۚ إِنَّ اللَّهَ خَبِيرٌ بِمَا تَعْمَلُونَ
“O you who have believed, be persistently standing firm for Allah, witnesses in justice. And do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness. And fear Allah; indeed, Allah is Acquainted with what you do.” (QS. Al-Ma’idah [5]: 8)
This verse becomes the foundation of Islamic judicial ethics: a Qadhi must not decide cases based on personal feelings toward either party. Hatred toward someone or a group must not be a reason to wrong them in court. Justice must be established — for all, without exception.
8. Objective Comparison: Islamic Justice vs. Other Systems
After understanding the Islamic judicial system in depth, let us compare it objectively with existing judicial systems today.
8.1 Islam vs. Liberal Democracy
Table 8: Comparison of Judicial Systems
| Aspect | Islamic Justice | Liberal Democratic Justice |
|---|---|---|
| Source of Law | Shariah (Qur’an & Sunnah) — fixed, unchanging | Constitution and laws — can be changed by parliament at any time |
| Official Immunity | None. The Khalifah can be sued | Exists. Presidents, ministers, parliament members have legal immunity |
| Cost of Justice | Free for all citizens | Paid — requires expensive lawyers |
| Speed | Fast, final, direct execution | Slow — appeals, cassation, judicial review can take 5-10 years |
| Judges | Single, independent, accountable to Allah | Panel/jury, often influenced by politics and media |
| Substantive Justice | Yes — the law itself is just because from Allah | No — only procedural justice, the law itself can be unjust |
| People’s Access | Easy, without bureaucracy | Difficult, full of administrative requirements |
8.2 Islam vs. Absolute Monarchy
| Aspect | Islamic Justice | Absolute Monarchy Justice |
|---|---|---|
| King/Khalifah can be sued? | Yes | No — “The King can do no wrong” |
| Law comes from | Allah ﷻ | King’s will |
| Change of law | Cannot (that which is qath’i) | Can be changed by the king at any time |
| Protection of people | Guaranteed by Shariah | Depends on the king’s will |
8.3 Visual Analogy: Islamic Justice as a Three-Layer System
To understand how the three types of judges work in an integrated manner, let us use a visual analogy.
Analogy 1: Multi-Level Building Security System
Imagine a large building with thousands of occupants. To ensure the security of this building, there are three types of guards:
Ground Floor Guards (Qadhi Khusumat) are tasked with resolving disputes among occupants. If two people fight over room boundaries or one damages another’s property, the Ground Floor Guard handles it. He waits for occupants to report, then decides the case justly.
Public Area Guards (Qadhi Hisbah) patrol the corridors, parks, and common areas. He does not wait for reports. If he sees someone littering, damaging public facilities, or doing something endangering other occupants, he immediately reprimands and acts on the spot.
Management Oversight Guards (Qadhi Mazhalim) have the heaviest task: overseeing the building managers, building owners, and all management staff. If the building manager cuts the maintenance budget for personal interest, or if the building owner unfairly evicts occupants, the Management Oversight Guard handles it. He can even fire the manager and revoke the building owner’s rights if proven unjust.
These three guards work independently yet integrated. Not a single guard can be intervened by the building manager. And all three are accountable to the true owner of the building — Allah ﷻ.
Analogy 2: Health System with Three Types of Doctors
Imagine an ideal health system with three types of specialist doctors:
General Practitioners (Qadhi Khusumat) handle patients who come for treatment. They wait for patients to come, diagnose, and prescribe. Anyone feeling sick can come to them.
Prevention Doctors / Public Health Officers (Qadhi Hisbah) do not wait for patients to come. They go to the field — checking clean water quality, overseeing restaurant hygiene, ensuring environmental sanitation is good. Their goal: prevent disease before it occurs.
Medical Auditor Doctors (Qadhi Mazhalim) oversee all hospitals, doctors, and health officials. If a doctor commits malpractice, if an official corrupts the health budget, if a hospital policy harms patients — the Medical Auditor Doctor handles it. He has the authority to revoke doctors’ licenses and dismiss officials.
This system is far more effective than having only one type of doctor handling all problems at once. Such is the advantage of the Islamic judicial architecture.
9. Implementation in History: Real Proof, Not Just Theory
The Islamic judicial system is not an abstract theory never tested. It has been implemented for more than a thousand years — from the time of the Messenger of Allah ﷺ to the fall of the Ottoman Khilafah in 1924. Here is some historical proof showing how this system worked in practice.
9.1 Era of the Messenger of Allah ﷺ: The First Judge
The Messenger of Allah ﷺ was the first judge in Islam. He ﷺ himself decided disputes among the companions. There was no Qadhi appointed because he ﷺ himself handled cases — and he handled them with perfect justice.
One famous event was when the Messenger of Allah ﷺ decided the case of a woman from the Makhzum tribe proven to have stolen. The companions were concerned because the woman came from a prominent family. Usamah bin Zaid (RA) — a companion very loved by the Messenger of Allah ﷺ — tried to give intercession so her punishment would be lightened.
What did the Messenger of Allah ﷺ do? He stood to deliver a sermon with a changed face — the companions could see his anger:
“O people! The destruction of nations before you was that when a noble person stole, they let him go. And when a weak person stole, they enforced the law upon him. By Allah, if Fatimah binti Muhammad stole, I would cut off her hand.” (HR. Bukhari no. 3475, Muslim no. 1688)
Lesson: In Islamic justice, there is no discrimination based on social status, wealth, or closeness to the ruler. All are equal before the law.
9.2 Era of Abu Bakr: Steadfast Justice
When Abu Bakr (RA) became Khalifah, he continued the judicial tradition established by the Messenger of Allah ﷺ. Abu Bakr did not change anything — because Islamic law was already perfect and did not need “reform.”
Abu Bakr was also known as the most humble and most accessible Khalifah. Every citizen could come directly to him to complain about problems. There were no secretaries blocking, no protocols complicating.
9.3 Era of Umar bin Khattab: Expansion and Standardization
When Islamic territory expanded to Sham (Syria), Egypt, Iraq, and Persia, Umar bin Khattab (RA) took a revolutionary step: he appointed Qadhi in every major conquered city.
Umar appointed:
- Abu Ad-Darda’ as Qadhi in Damascus
- Shuraih bin Al-Harits as Qadhi in Kufah
- Abu Musa Al-Ash’ari as Qadhi in Bashrah
Umar did not only appoint Qadhi. He also sent instruction letters to each Qadhi containing judicial guidelines — which became the first constitutional document about procedural law in Islam. Umar’s letter to Abu Musa Al-Ash’ari in Bashrah is one of the most famous documents in the history of Islamic law.
Among the contents of Umar’s letter:
“Amma ba’du. Indeed, judging cases is an obligatory duty and a followed sunnah. Understand the matters conveyed to you, because beneficial truth will not be useful if not well understood. Equalize people before you in your session, your gaze, and your verdict, so that the strong does not hope you will side with him and the weak does not despair of your justice.”
This instruction shows how serious Umar was about justice. “Equalize people before you” — a command that became the DNA of the entire Islamic judicial system.
9.4 Era of the Abbasid Khilafah: Institutionalized Qadhi Mazhalim
In the Abbasid era, Qadhi Mazhalim became an increasingly structured institution. Abbasid Caliphs routinely held open Mazhalim sessions where people could come directly to complain about the injustice of governors, tax officials, or even palace family members.
Khalifah Al-Mahdi (reigned 775-785 CE) was known as the Caliph who most frequently held Mazhalim sessions. He himself led the sessions, sat with the people, and decided cases directly. Thousands of cases were resolved under his leadership.
Khalifah Harun Ar-Rasyid was also famous for his open sessions. In one session, an old woman sued a regional governor who had seized her land. Harun Ar-Rasyid ordered the land returned and the governor dismissed.
9.5 Summary of Historical Implementation
Table 9: Implementation of Islamic Justice in History
| Period | Figure | Contribution |
|---|---|---|
| 610-632 CE | Messenger of Allah ﷺ | Established principles of Islamic justice, decided cases himself |
| 632-634 CE | Abu Bakr As-Siddiq | Continued the Messenger’s justice, open access for the people |
| 634-644 CE | Umar bin Khattab | Appointed Qadhi in cities, sent instruction letters, deployed Hisbah |
| 644-661 CE | Uthman & Ali | Ali sued by a Jew before Qadhi Shuraih — proof of judicial independence |
| 750-1258 CE | Abbasids | Qadhi Mazhalim became an official institution, regular open sessions |
| 1299-1924 CE | Ottomans | Qadhi system continued running until the end of the Khilafah |
10. Conclusion and Solution: Justice Is Not a Dream, But Allah’s Promise
Dear readers, after exploring 10 points about the Islamic judicial system, let us summarize the lessons we can take home.
The Islamic judicial system is a system that:
- Is based on Shariah, not human desires — so its justice is objective, stable, and cannot be dictated by political interests
- Is structured in three types of judges — Qadhi Khusumat for individual disputes, Qadhi Hisbah for public rights, and Qadhi Mazhalim for ruler’s injustice
- Is free and fast — justice is not a commodity, no cost, no prolonged appeals
- Has no immunity — even the Khalifah can be sued and lose in court
- Is transparent and accountable — open sessions, Qadhi accountable to Allah ﷻ
Table 10: Summary of the Islamic Judicial System
| Principle | Explanation |
|---|---|
| Source of Law | Qur’an & Sunnah |
| Types of Judges | Qadhi Khusumat, Qadhi Hisbah, Qadhi Mazhalim |
| Cost | Free for all citizens |
| Verdict | Final, immediately executed |
| Immunity | None — all equal before the law |
| Transparency | Sessions open to the public |
| Accountability | Qadhi accountable to Allah ﷻ and can be tried |
The solution to the justice crisis afflicting humanity today is not half-hearted “judicial reform” — increasing court budgets, recruiting more judges, or making more laws. All of that will only enlarge bureaucracy without resolving the root problem.
The fundamental solution is to return to the Islamic judicial system — a system that once proved itself for more than a thousand years, that once made a Jew embrace Islam in admiration of Ali bin Abi Talib’s justice, that once made Umar bin Khattab submit to a Qadhi’s verdict, and that once made Abu Ubaidah patrol the market of Madinah every day to ensure no people were wronged.
The Islamic judicial system is Allah’s ﷻ promise that will return to stand when the Islamic Khilafah is established upon the prophetic methodology. And Allah’s ﷻ promise will certainly be fulfilled.
The Messenger of Allah ﷺ said:
ثُمَّ تَكُونُ خِلَافَةً عَلَى مِنْهَاجِ النُّبُوَّةِ
“Then there will be a Khilafah upon the method of prophethood.” (HR. Ahmad no. 20245)
That Khilafah will come with a judicial system that is just, transparent, and uncompromising — because it walks upon the path of the Messenger of Allah ﷺ.
Wallahu a’lam bish-shawab.
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