Chapter 4 - Islamic legal system chapter 4 Court Officials...

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Islamic legal system chapter 4
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A judge needs a number of other people to assist him in carrying out his duties. Among these officials are the following: 1. Advisory council: A judge must select for himself a number of scholars and other eminent people whose advice he can seek when deliberating on cases. He should be able to consult them on matters of Islamic Law, benefiting from them what injunction may be appropriate to apply in this case or that. This consultation is recommended, even if the judge is a scholar himself. `Umar b. al-Khattâb used to consult with the leading and most scholarly Companions like `Alî b. Abî Tâlib and `Abd Allah b. Abbâs (may Allah be pleased with them all). Court Officials
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The purpose of consultation is to ensure that the judge is aware of all the pertinent information that pertains to the case or that could affect his decision, information that he might otherwise have overlooked or forgotten. He also gets the benefit of hearing the verdicts that they suggest. The members of the advisory council should be capable of independent juristic reasoning and should all be of good character. This is so they will be able to assist the judge in determining the verdict in accordance with Islamic Law. 2 . Court clerk: He is the one who sits before the judge and records everything that the judge dictates to him. The jurists recommend that the court clerk be of good character and have sufficient knowledge of Islamic Law.
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3. Bailiff: He is the one who brings the litigants before the judge for him to decide their cases. His job is to assure that their cases are attended to in the proper order. This may be on a first-come first-serve basis, or on a predetermined system where certain types of cases take precedence. 4. Court usher: Among his responsibilities is that of informing the public of the times that the court is in session and the times when the judge takes his recesses. He has the responsibility of informing the judge of those who wish to have an audience with him, so that the judge can decide whether or not to receive them.
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5. Translator: The judge may appoint one translator or more of good character. If a translator is needed for a certain language and none is employed by the courts, then a reliable and trustworthy translator may be brought in from outside. Two translators are preferable than one. A woman of good character can act as translator if necessary. Their job is to translate the statements of the plaintiff, the defendant and the witnesses for the judge if the judge does not understand their language. 6. Officer of the court: He is the one who stands at the head of the judge and orders the litigants to rise when it is time for them to leave the courtroom. He is a police officer who works to protect the judge and ensure the safety of the courthouse.
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