2 Sensible Sanity and to have healthy senses It is not permissible for an

2 sensible sanity and to have healthy senses it is

This preview shows page 37 - 39 out of 39 pages.

2. Sensible ( Sanity and to have healthy senses); It is not permissible for an insane or mentally challenged individual to hold the position of judge. He must be intelligent and able to perceive what is necessary to be able to discriminate between things. He must not be absent-minded and neglectful. He must be intelligent enough to see difficult situations clearly and solve difficult problems. And what is required is the ability to see, hear, and speak… 3. Freedom ; a judge must enjoy complete freedom. He should not be a slave at all, not even a slave in the process of buying his freedom or a runaway slave. If such a person is appointed to a judicial post, his decisions will not be binding. 4. Mature ; a minor cannot be appointed as a judge. If he is appointed, then his decisions will not be binding. Also, a minor does not have custody over himself, so how can he be granted 37
Image of page 37
authority over others by being appointed to the position of judge or, for that matter, any other official position?! 5. Male gender; this is considered by a great number of scholars to be a necessary qualification. They consider it impermissible for a woman to be appointed as a judge. 6. Diligent , legit in formulating independent decisions in legal or theoretical matters, and to have a complete knowledge of Islamic rules and regulations. A judge should be capable of deriving the Law from its sources. He must have sufficient knowledge of the Quran and Sunnah to know where to find both general and specific legislations. He must know where to find the texts that clarify ambiguous ones. He must be able to differentiate between abrogated rulings and the texts that abrogate them. He must know which parts of the Sunnah have unquestioned validity and be able to differentiate between complete and incomplete chains of narration and the quality of the narrators. He must be knowledgeable in the Arabic language and its grammar. He must have knowledge of the points of consensus and disagreement in matters of Islamic Law from the time of the Prophet’s Companions onwards. He must be capable of juristic analogy. 38
Image of page 38
References: 1. Dr. Zakaryya M. Abdel-Hady, Islamic Thought and Culture. Al-Falah Books, UAE First Edition, 2006. 2. Syed Abul A'ala Mawdudi, Islamic way of life. Islamic Foundation (UK) reprint of 2001. 3. The Political System of Islam, Dr. Muhammad Hamidullah. 4. Dr. Umar S. Al-Ashqar, Towards an Authentic Islamic Culture. Dar Al- Nafaes Pub. & Dis., Jordan, 2009. 5. Mahmoud Abu-Saud, Concept of Islam. American Trust Publications (USA). 39
Image of page 39

You've reached the end of your free preview.

Want to read all 39 pages?

  • Fall '14
  • Islam, Qur'an, Allah

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes