PMS 2022 Solved Islamiat Past Papers | The Best Features of the Justice System of Islam
The following question of PMS Islamiat 2022 is solved by Hamail Syed, under the supervision of Howfiv’s Islamiat Coach, Miss Ayesha Irfan. Moreover, the question is attempted using the same pattern taught by Sir Syed Kazim Ali to his students, who have scored the highest marks in compulsory subjects for years. This solved past paper question is uploaded to help aspirants understand how to crack a topic or question, write relevantly, what coherence is, and how to include and connect ideas, opinions, and suggestions to score the maximum.
Question Breakdown
Regarding this specific question, the examiner only asked about the best features of the Islamic justice system that can be presented to the World as a model. So, you first have to explain the Islamic justice system and its significance in the light of the Holy Quran and Hadith. Afterwards, you have to write valid arguments with strong evidence to better explain the best features, giving a perfunctory mention of the shortcomings of the secular justice system. Finally, end your answer with a critical analysis and a conclusion.
Outline
1- Introduction
2- Expounding the meaning of the Islamic justice system
3-The significance of the justice system in light of the Holy Quran
4-The importance of the justice system in the light of Hadith
5-Elucidating the best features of the justice system of Islam that can be presented to the World as a model
- ✓Having an independent judiciary
- Evidence: According to the article ‘Nature and Trend of the Islamic Judicial System’ by Zakir Hussain, “Hazrat Ali’s (R.A.) armour got stolen during his Caliphate. The then Islamic judge ruled in the Jewish defendant’s favour due to the lack of neutral witnesses by the Caliph (R.A.).”
- ✓Providing free and fair justice
- Evidence: According to the book ‘The Life of Ali Ibn Abi Talib’ by Baqir Sharif al-Qurashi, “Hazrat Ali (R.A.) ruled to delay punishing a pregnant adulteress until childbirth, citing Quranic verse, ‘Nor does any bearer of a burden bear the burden of another.’”
- ✓Promoting the rule of law
- Evidence: According to the book ‘Sahih al-Bukhari’ by Muhammad Al Bukhari, “Prophet (PBUH) refused to pardon a noblewoman’s theft, despite intercession, emphasizing equal justice by stating, ‘Even my daughter Fatimah would face punishment if guilty.’”
- ✓Condemning nepotism and favoritism
- Evidence: According to the article ‘Nature and Trend of the Islamic Judicial System’ by Zakir Hussain, “Abu Shahima, the son of the second caliph Hazrat Umer (R.A.), was sentenced to lashes punishment for drinking during which Abu Shahima died.”
- ✓Being simple and expeditious
- Evidence: In the article ‘Nature and Trend of the Islamic Judicial System,’ Zakir Hussain quoted Hazrat Ali (R.A.) saying, “In the execution of the religious punishments, there must not be any respite, be it for one hour only.”
- ✓Having Allah Almighty, the ultimate judge
- Evidence: Verse 62 of Surah Al-Anaam states, “Then they will be returned to Allah, their true Lord.” The judgment certainly belongs to Him, and He is the swiftest of reckoners.”
6-Critical analysis
7-Conclusion
Answer to the Question
Introduction
The Islamic judicial system is undoubtedly the unshakable foundation of Islam. Islam has provided mankind, especially Muslims, with a complete and adequate system of justice, which is the Islamic judicial system. The Holy Prophet (PBUH) laid the foundation of the Islamic judicial system in a small mosque in Madinah; similarly, the system was further transformed during the time of the caliphs, emerging as the most impartial system of justice. Delving into the best features of the Islamic justice system, having an independent judiciary, promoting the rule of law, condemning nepotism and favouritism, being simple and expeditious, having Allah Almighty as the ultimate guide, etc., make it unique. Thus, it is high time the Muslim Ummah enforced it in its true sense and gave the whole World a practical demonstration of the flawless, universal, and timeless Islamic justice system to be adopted as a model in the current era.
Expounding the meaning of the Islamic justice system
Before exploring further, it is vital to understand the meaning of the Islamic judicial system. Islam is not merely a religion but a complete code of life, providing direction to humans in every sphere of life, including religious, personal, social, political, economic, educational, and international levels. Indeed, Islam has presented an efficient justice system in front of humanity to establish justice in society. Essentially, the Islamic justice system is not based on man-made doctrine; instead, it is based on principles set by Allah Almighty in the Holy Quran and on the teachings of the last messenger of Allah (PBUH). Thus, no religion provides as comprehensive and practical guidance as Islam does. To administer justice fairly and equitably, Islam eliminates long procedural intricacies by simplifying it. Also, the Islamic justice system admits no exemptions in favour of anyone, including the Head of State. He is subordinate to Islamic law, just as any ordinary state citizen is. Hence, justice is one of the fundamental values of Islam, and no distinction is allowed in this respect between a friend or foe, relative or stranger, etc.
The significance of the justice system in light of the Holy Quran
To understand the Islamic justice system clearly, Islam has given its utmost importance to the Holy Quran. The Quran commands believers to do justice because it is akin to piety. In Surah Al-Maida, verse 8, Allah the Exalted states, “O believers, stand firm for Allah and bear true testimony. Avoid letting hatred of people lead you to injustice. Be just. That is closer to righteousness. And be mindful of Allah. Surely, Allah is All-Knowing of whatever you do.” This verse highlights that Allah Almighty has made the delivery of justice equal to righteousness. Moreover, in Surah An-Nisa, verse 105, Allah Almighty says, “(O Messenger!) We have revealed this Book with the Truth so that you may judge between people according to what Allah has shown you. So do not dispute on behalf of the dishonest.” This verse strongly encourages believers to be fair, uncompromising, and firm in administering justice. Hence, Allah Almighty has taught in the Quran that justice should be administered impartially per the Shariah.
The significance of the justice system in the light of Hadith
Apart from Quranic revelations, the last Prophet Muhammad (PBUH) is widely known for his fair and impartial administration of justice. In addition to Muslims, non-Muslims used to come to him to settle their conflicts, and he used to adjudicate by their laws. On one occasion, the Messenger of Allah (PBUH) has been quoted in Sahih Muslim as saying, “The just will be placed in columns (seated on chairs) of light in the presence of Allah. They will be those who act justly in their decision, their families, and the affairs committed (entrusted) to them.” This Hadith sheds light on the blessings that would be showered on the just people. In addition, in Mishkat al-Masabih, the Prophet (PBUH) has been quoted as saying, “If anyone seeks the office of qazi among Muslims till he gets it, he will go to paradise if his justice prevails over his tyranny, and he will go to hell if his tyranny prevails over his justice.” This Hadith defines the justice administration as a question of heaven and hell. Hence, justice is more comprehensive, vital, and sacred in Islam than in any other life system.
Elucidating the best features of the justice system of Islam that can be presented to the World as a model
To continue, the meaning of the Islamic judicial system becomes more apparent by shedding light on its unique features. The best features of the justice system of Islam that can be presented to the World as a model are mentioned below.
- Having an independent judiciary
To begin with, the most crucial feature of the Islamic justice system that can be presented to the World as a model is its freedom from the influence of the governing body. Within the court limits, no importance is given in Islam to the position of the caliph (the head of a state). According to the article ‘Nature and Trend of the Islamic Judicial System’ by Zakir Hussain, “When the armour of Hazrat Ali (R.A.), the last caliph, was stolen by a Jewish man, he (R.A.) filed a suit in the court of Shariah as the general public. He (R.A.) also presented his son and slave as witnesses. However, the judge dismissed the case because the evidence submitted by Hazrat Ali (R.A.) was inadmissible; consequently, the judge gave his verdict in favour of the Jewish man. The Jew was so pleased by the fairness of the Islamic justice system that he instantly returned the armour to Hazrat Ali (R.A.) and embraced Islam.” This illustration demonstrates that at that time, the judge was not influenced by the Caliph (R.A.); instead, he gave importance to Islamic judicial principles in his verdict. However, the secular justice system is sometimes influenced by influential authorities. For instance, with its immunity ruling, the U.S. Supreme Court grants presidents, in general, a definitive “absolute immunity” from prosecution for core official acts and says that presidents should be presumed immune to a much more expansive list of acts. Thus, an unbiased judiciary is the most prominent aspect of the Islamic judicial system that can be presented to the World as a model.
- Providing free and fair justice
Maintaining fairness in judicial trials is also one of the vital aspects of the Islamic judicial system that can be presented to the World as a model. In the Islamic judicial system, justice is done relatively among people by the appointed judge. It is because judges give their rulings regarding any matter according to the defined laws of Allah Almighty, thereby refraining from partiality. According to the book ‘The Life of Ali Ibn Abi Talib’ by Baqir Sharif al-Qurashi, “When a pregnant woman who committed adultery was brought before Hazrat Umar (R.A.), who asked Hazrat Ali (R.A.) to judge this matter, Hazrat Ali (R.A.) instructed, ‘You cannot stone her now because you do not have the right to take action against what is in her womb.’ Then he (R.A.) recited the Quranic verse, ‘Nor does any bearer of a burden bear the burden of another.’ And he said, ‘Take care of her until she gives birth. When she has given birth, and you have found someone to nurse her child, then administer the prescribed punishment of stoning her.'” This incident reflects that fairness was ensured during the caliphate era in the Islamic judicial system, setting a glaring example of providing free and fair justice. While the secular justice system, based on man-made laws, sometimes mistreats victims. According to the survey conducted by Pew Research Center in 2019, “Around 87% of black adults and 61% of whites say the criminal justice system generally treats blacks less fairly than whites.” Thus, fairness is the key feature of the Islamic judicial system that can be presented to the World as a model.
- Promoting the rule of law
Next, the rule of law is the main element of the Islamic judicial system that can also be presented to the World as a model. The rule of law limits governmental power and ensures fairness, equality, and justice in society. Therefore, no person or class of people is deemed above the law; opportunities are not reserved for the rich and powerful only. According to the book ‘Sahih al-Bukhari’ by Muhammad Al Bukhari, “When a woman of the Makhzoom family with good connections was found guilty of theft. For the prestige of the Quraish, some prominent individuals, including Usaamah Ibn Zayd (R.A.), stepped in to spare her from punishment. The Prophet (PBUH) expressed displeasure and refused to forgive the crime, saying, ‘In the past, many a community destroyed itself as they only punished the poor and ignored the offences of the exalted. By Allah, if Muhammad’s (my) daughter Fatimah (R.A.) had committed theft, her hand would have been severed.'” This Hadith indicates that the last Prophet Muhammad (PBUH) stressed maintaining the supremacy of law, equality before law, fairness in the application of law, and accountability to law. Conversely, the secular justice system does not always remain impartial while giving rulings about influential people. For instance, Pakistan’s justice system, a complex blend of secular and Islamic elements, used to grant bail, providing relaxation to politicians despite facing corruption charges, citing medical reasons. Unfortunately, it does not offer the same ease to ordinary citizens of the state. Thus, one of the best features of the Islamic judicial system that can be presented to the World as a model is the rule of law, which prioritises maintaining social justice.
- Condemning nepotism and favouritism
Furthermore, the Islamic justice system discourages nepotism and favouritism, a perfect feature that can be presented to the World as a model. Basically, under the law of the Islamic justice system, there is no difference between the small, the poor, the ruling class, the subjugates, the upper class, the lower class, and the strangers, the relatives; everyone is equal in law. According to the article ‘Nature and Trend of the Islamic Judicial System’ by Zakir Hussain, “Abu Shahima, the son of the second caliph Hazrat Umer (R.A.), was sentenced to lashes punishment for drinking during which Abu Shahima died.” This indicates that even the relatives of authority members are not exempt from punishment in the Islamic judicial system. Furthermore, Allah the Exalted has set the principles of the justice system, condemning favouritism and nepotism. In Surah An-Nisa, verse 135, Allah Almighty says, “O believers, stand firm for justice as witnesses for Allah even if it is against yourselves, your parents, or close relatives. Be they rich or poor, Allah is best to ensure their interests. So, avoid letting your desires lead you to deviate from justice.” This verse ordains the believers to administer justice in an unbiased, objective, and uncompromising manner, even if the outcome harms their selves, their interests, their parents, or their relatives. However, the secular justice system sometimes promotes nepotism and favouritism. For example, in 1954, the U.S. Supreme Court ruled that segregation in public schools was unconstitutional, thereby sparking widespread controversy. Hence, condemnation of nepotism and favouritism by the Islamic justice system is one of its prime features that can be presented to the World as a model.
- Being simple and expeditious
Besides, being simple and expeditious is another remarkable feature of the Islamic justice system, which can be presented to the World as a model. It is based on clear laws of Shariah, hence providing clear guidelines for worldly matters. Moreover, it offers direct access, as litigants can directly approach judges (qadis). Also, it prefers speedy trials, as cases are typically resolved quickly, often in a single session. Moreover, there is no concept of an appeals backlog; decisions are usually final. According to the article ‘Nature and Trend of the Islamic Judicial System’ by Zakir Hussain, “In the Islamic justice system, the crime of committing adultery cannot be proven without the testimony of four witnesses under certain conditions. One day, three persons testified against a man for having committed adultery. When Hazrat Ali (R.A.) inquired about the fourth witness, they said he would come shortly. However, he (R.A.) did not grant them respite. He called the executors of the punishments to take these three individuals and punish them for giving false testimony. He (R.A.) declared, ‘In the execution of the religious punishments, there must not be any respite, be it for one hour only.’ This incident highlights the expeditious nature of the Islamic justice system. However, a significant backlog of cases is one of the secular justice system’s challenges, making justice delivery slow and inefficient. The Salvadoran Jesuit massacre case is a glaring example of the secular justice system being slow in delivering justice. Actually, six Jesuit priests were murdered in El Salvador in 1989. After reopening the case in Spain in 2008, the trial was concluded in 2020, delivering the final judgment after 31 years. Hence, simplicity and expeditiousness are important features of the Islamic justice system, which can be presented to the World as a model.
- Having Allah as the ultimate judge
Lastly, a strong system of accountability is another significant feature of the Islamic justice system that can be presented to the World as a model. Basically, under the Islamic judicial system, Allah has the true authority to grant justice to people; thus, the Islamic justice system makes people accountable to Allah the Exalted, and Allah is the ultimate judge. Therefore, this feature of the Islamic justice system allows people to administer justice in their affairs, as they all will be questioned on the Day of Judgement. Verse 62 of Surah Al-Anaam states, “They will then be returned to Allah, their true Lord. The judgment certainly belongs to Him, and He is the swiftest of reckoners.” This verse signifies that on the day of resurrection, everyone, including judges, will be brought before Allah Almighty, the ultimate judge of judges, to answer for their entire lifetime’s deeds. However, judges’ independence makes accountability difficult in the secular justice system. In it, there is no concept of accountability for every ruling before Allah, giving judges little relaxation in this regard. Meanwhile, the Islamic justice system compels individuals to dispose of their affairs as per Shariah, thereby making everyone accountable before Allah. So, having Allah as the ultimate judge is one of the best features of the Islamic justice system, and it can be presented to the world as a model.
Critical analysis
Critically, the present situation of justice delivery in today’s World puts a serious question mark on the functioning of the modern judicial system. Therefore, to present the flawless Islamic justice system to the World as a model, it is high time the Muslim Ummah unanimously adopted it in its true sense, giving the World a practical demonstration of it. Afterwards, it must highlight the Islamic justice system’s success stories that showcase its effective implementation. Moreover, it must also engage in open dialogue with international organizations to address their concerns. Hence, the whole responsibility comes on the Ummah to present the Islamic justice system to the World as a model.
Conclusion
Conclusively, Islam has provided mankind, especially Muslims, with a comprehensive system of justice, that is, the Islamic judicial system. Certainly, this system of justice is more influential and can be presented to the World as a model because of its key features, like having an independent judiciary, promoting the rule of law, condemning nepotism and favouritism, being simple and expeditious, having Allah Almighty the ultimate guide, etc. Hence, it is high time the Muslim Ummah enforced it in its true sense and gave the whole World a practical demonstration of the flawless, universal, and timeless Islamic justice system to be adopted as a model in the current era.
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