استقلال القضاء في ضوء الشريعة الإسلامية

Abstract

The

judiciary system is a key pillar in the stability of society, and the justice of the judiciary can only be achieved by the independence of the judge from the psychological whims and political pressures that they would be exposed to when issuing their judgements and rulings, which could make the judiciary dishonest when it loses its independence, which then exposes society to chaos when demanding rights by the parties to the dispute. Therefore, the Islamic Shari'ah paid attention to the position of the judiciary and made the mechanism of choosing a judge one of the important conditions for assuming the judiciary by being of good reputation, purity of birth and obtaining the rank of ijtihad in the legal sciences, as well as establishing clear means of proof that do not accept doubt in the cases that are presented before the judge, and thereby ensured the independence of the judiciary from any political or social authority that interferes with the judiciary's rulings. This made the judiciary, by these standards, a place of reassurance for litigants and respect for its judgements and rulings.