Year: 2025
Type: article
Abstract: This article provides a rigorous juristic examination of the essential conditions that render judicial rulings binding and enforceable under Islamic law. Drawing upon the Qur’an, the Sunnah, and the authoritative positions of classical jurists, the study systematizes the criteria that ensure both the legitimacy and finality of judicial decisions in an Islamic legal system. These criteria include: the valid state-sanctioned appointment of the judge; the judge’s fulfillment of moral, intellectual, and procedural qualifications; the requirement that judicial rulings remain fully aligned with the Qur’an, Prophetic Sunnah, and juristic consensus; the necessity of a formally submitted claim in matters pertaining to ḥuqūq al-ʿibād; the court’s adherence to its jurisdictional limits; the clarity and unambiguity of judicial formulations; the employment of linguistic structures that impose legal obligation; and, according to the Ḥanafī school, the physical presence of the defendant during adjudication except in limited exceptions. The article also explores debates regarding judgments issued in absentia, the interpretive significance of judicial phrasing, and the legal status of qaḍāʾ al-taḥkīm. Through this analytical framework, the study demonstrates how these conditions collectively safeguard justice, uphold procedural integrity, and maintain social order within the Islamic judiciary.
Source: FIKR-O NAZAR فکر ونظر
Author: Nazir-ul-Hasan Gilani
Language: English
Subfield: Religious studies
Field: Arts and Humanities
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7214740479