اسلامی عدالتی نظام ، جرم، گواہ، سزائیں، عدل کی بنیاد، تفتیش، جج کی شرائط وغیرہ

1. Taken from the literature of Hizb ut-Tahrir

2.  Criterion of Justice
 Prerequisites for justice
 Defining a Crime
 Investigation
 Process of Conviction
 Punishment
 Who can Forgive
 Judicial immunity
 Independence of Judiciary
 Qualification of a Judge
 Types of Qadhies
 Accounting the Ruler
 Swift Justice
 Judicial rights of non Muslim citizens (Zimmi) & Foreigners
 Only Khilafah can provide Justice

3. Devine Human Mind
Basis for providing justice

4. Human mind
Freedoms Equality
Expression PersonalReligion Ownership
Same rights and duties
for
Man & Woman
Race Gender Creed

5. The basis of equality can only produce justice if human beings are
identical
In this case same rights and duties for every human being will produce
justice

6. Science has proven that Man
and Woman are similar in a lot
of attributes but at the same
time they differ in many others
They differ in terms of
physiology, emotions, mental
capabilities, hormones, child birth
etc
Man is unable to precisely
identify the commonalities and
differences between man and
woman and hence is incapable
to assign precise rights and
duties corresponding to their
respective capabilities
Man Woman
Common Attributes
Attributes specific
to Men
Attributes Specific
to women

7. Capitalism gives a simplistic solution to this very complex human problem and
declares that man and woman will be considered completely identical and thus will
be assigned same rights, duties and roles
Asking a weak and a strong pupil of the same class to lift 40Kg weight may be
equality but this is not justice given the abilities of the two students
Similarly same rights/duties for inherently different genders (man & woman) may be
seen as equality but definitely it cannot be seen as justice
The West also recognizes these differences and this is why men and woman
compete separately in all types of sport

8. In the eyes of Islam and society
Man and Woman are equal but
they are different and hence
must have different roles
When Woman happens to be a
mother she has authority over
man who happens to be his son
Man when assuming the role of
father and husband has a
leading role over his daughter
and wife
Man
Woman
Complementary role of man and
woman in society

9. Only Allah knows man and woman precisely and hence He alone can assign rights
and duties for human being which match their abilities
In areas where man and woman have similar abilities their rights and
responsibilities are also the same; such as praying, fasting, doing daw’a, giving
charity, seeking Jannah by pleasing Allah etc.
But the attributes in which man and woman differ, their duties and rights also vary;
such as providing for the family, Jihad, ruling, inheritance etc.

10. Once the children are grown up they are allowed to leave their parents at
their own and take no responsibility of them under the pretext of “personal
freedom”; but is this Justice?
Multinationals are allowed to own natural resources which Allah has
created for all humans and sell them at inflated prices under the cover of
“freedom of ownership” but is this not exploitation of the masses?
A man is legally allowed to humiliate or mock Allah, His messenger or
Islam on the basis of “freedom of expression” but should this be allowed?
Can a Qadiyani or any cult be allowed to propagate falsehood and cause
confusion about Islam under the guise of “freedom of religion”
A woman is allowed to sell her body by claiming “personal freedom” but is
this our idea of a civilized world?

11. Mind cannot provide the correct basis for Justice
Only the Creator can provide the correct basis for justice, following which
we can create a Just society
This inference is completely false that by implementing any system
correctly one can serve justice to the people

12. Justice cannot be achieved until the following
principles are not built on “just laws”
Laws that define a Crime
Laws of Investigation
Laws related to witnesses and conviction
Punishing the guilty as much as he deserves
Laws related to forgiveness of the criminal
Legal Immunity
Independence of Judiciary
Qualification of Judges
Khilafah Capitalism
 Laws related to all the above
points are derived from Qur’an and
Sunnah
 Laws related to above points are
legislated by the parliament or by
various commissions

13. Justice
Punishment
Defining
the crime
Investigation
Process of
Conviction
Who can
forgive
Capitalism:
•Wa’da Maaf
Gawah
•Even a fasiq
witness is
acceptable
•Circumstantia
l evidence
acceptable
Khilafah:
•Witness
should be Adl
•No concept
of “Wada
Muaf Gawah”
Judicial
immunity
Capitalism:
•Thief jailed
for years
Khilafah:
•Witness
should be
Adl
•Burdon of
proof is on
•All the
above is
Haram
Capitalism:
•President of
Pakistan can
forgive
anything
•Plea bargain
Khilafah:
•Only the
“worasa” can
forgive a killer
•Nobody can
forgive a theft,
rap, highway
robbery
Capitalism:
•Torture
•Harassment
• Jail for 1
year on
suspicion
•Entering
homes
without
warrants
•Spying
Khilafah:
•All the
above is
Haram
Capitalism:
•Propagation
of Kufr
religions
•Interest
•GST
•Private
ownership of
Oil, gas etc
Khilafah:
•Islam
consider all
the above
acts as
Crimes
Capitalism:
•President
•PM
•Governors
•Ministers
Cannot be
brought to
court
Khilafah:
•No citizen is
above the law
•Ambassadors
and envoys
enjoy
diplomatic
immunity.
Capitalism:
•President
can terminate
any judge
anytime
Khilafah:
•Khaleefah
cannot
remove a
Qadhi if he is
in hearing a
case against
the Khaleefah
Capitalism:
•No
compulsion
to be Adl (not
fasiq)
Khilafah:
•All Qadhies
has to be
Adl.
•In addition
Qadhi
Mazalim
should be a
Mujtahid as
well
Pressure
from the ruler
Judge’s
Qualifications
Khilafah
• All the laws are derived from and all
procedural codes are built upon
Qu’an and Sunnah
• Without sharii evidence Khaleefah or
representatives cannot alter them
Capitalism
• Laws and procedural codes related to
following issues are made either by the
parliament or by various commissions

14. 1. Allah (SWT) says: "And judge between them by that which Allah has revealed." [Al-Mai'dah: 49]
2. Criminal procedure Code (CrPC) was originally written in 1898 which defines crime and investigation.
3. Indian evidence Act of 1872 was changed it become Islamic “Qanun-e-Shahadat” by introducing Article
17. Its article 3 still reads as:
“Court shall determine the competence of a witness in accordance with the qualification prescribed by
the injunctions of Islam as laid down in the Holy Qur’an and Sunnah for a witness, and, where such
witness is not forthcoming, the court may take the evidence of a witness who may be available.”

15. Khilafah Capitalism
Allah’s Ahkam define what is a crime and
what is permissible 1
The Elite group in the parliament will
decide among themselves what should
be legalised and what should be
declared a crime
State cannot impose ban on trade under
the pretext of protecting local industries.
Hence there is no such crime as
“smuggling”
Islam sees imposing GST, Toll Tax,
Wealth Tax, Income Tax as a Crime
Import and export becomes a crime
under the title of “smuggling” where as
robbery is legalised under the names of
GST, Toll Tax, Wealth Tax, Income Tax
etc
State’s is responsible to protect the
aqeedah of the people hence it is not
allowed to publicly propagate any creed
or ideology other than Islam.
Anybody dealing in Riba, or owning a
public property secretly will be brought to
justice.
Propagation of Kufr is legalised under
the pretext of freedom of religion.
Riba is permissible and private
ownership of public property is allowed
under freedom of ownership.

16. Khilafah Capitalism
Hoarding of wealth is a crime People are free to use their money
or hoard them. It is not a crime
Drinking, fornicating, not covering
in public, mixed gathering etc all
are crime
Under the strict definition of
personal freedom all of these acts
are perfectly legitimate.
Blasphemy is a crime Salman Rushdie is protected
under freedom of expression
Jihad and ‘Suicide’ bombing
against military targets highest
form of reward in Islam
Terrorism in the eyes of the West
Islam consider maltreatment of
prisoners of war, a crime
US considers Camp Xray
legitimate
Only the Creatorknows what is a crime and what is not
If the crime is not identified properly then justice can not be served

17. 1. Ibnu Maja reported in his Sunan on the authority of Ibnu Abbas who said: “The Messenger of Allah (saw) said: “If I
were to stone anyone without proof I would stone such and such woman.” The Prophet (saaws) said the above
due to the fact that the woman was known to be an adulteress, as understood from the words of Ibn Abbas. If torturing
was allowed to obtain a confession, that woman would have been tortured to confess. Hence, it is haram to inflict any
kind of punishment before proving the guilt. Muslim narrated from Abu Hurairah that the Messenger (SAW) also said:
"There are two types of the people of Hellfire I have not seen yet: some people who have whips like the tails of
oxes by which they flog the people".
2. It is reported from Ibn Abbas "A man drank till he got intoxicated and was seen drunk by the people in the street.
While, he was being taken to the Prophet (saaws), he escaped and entered the house adjacent to the Abbas
house. Then Abbas held him. When the incident was reported to the Prophet (saaws), he laughed and said, "He
did it?". He ordered no punishment to be carried out." The messenger (saaws) did not implement the punishment
because the man did not confess nor was he proven guilty in the front of the Messenger
3. Allah I says: "O you who believe, avoid suspicion as much as possible, for suspicion in some cases is a sin, and
do not spy on each other." [Al-Hujurat: 12] He (SAW) also said: "He who peeps into some people's house without
their permission, it is allowed for them to gouge out his eye", narrated by Ahmed from Abu Hurairah. The
Messenger of Allah (SAW) said: “Avoid suspicion, for suspicion is the gravest lie in talk, and do not be inquisitive
about one another and do not spy on one another, and do not turn one's back to each other, do not hate each
other, and be servants to Allah and be brothers” (narrated by Al- Bukhari and Muslim from Abu Hurairah)

18. Khilafah Capitalism
Cannot torture an accused or a suspect
1
Torture in Guantanamo Bay and Abu Guraib
is a perfect example how legislation is done
in Democracy to legalise crime
Cannot send anybody to jail just based
on suspicion
If somebody is a habitual criminal and
there are enough evidences against him
then the court can allow his custody for
limited time. And once that time expires
he is free. He doesn't need to provide
bond to free himself.
People are picked up only based on
suspicion or on a false FIR. People are
confined to jails based on laws such as
Maintenance of Public Order (MPOs) and
colonial Security Act of 1923
A man can be picked up and thrown in jail
without any proof and legal proceedings for 1
year
 Accused is innocent until proven guilty 2
 Spying on the Muslims, watching them,
chasing them and looking into their
confidential and personal news is
forbidden 3
In the US, according to Patriot Law, a person
can be imprisoned without any proof just
based on suspicion to have links with
“terrorists”
Laws keep on changing according to what the “Elite Group” likes. Justice can never be
served in such a system
So called civil liberties and freedoms have already been violated by the champions of the
“Free World”. Yes they are “Free” to perpetrate injustice and oppression until the
return of the alternative System- the Khilafah

19. 1. It has been narrated by ‘Amr b. Shu’ayb on the authority of his father who narrated from his
grandfather that the Prophet (saw) said: ‘The burden of proof lies on the plaintiff and the
oath is to be sworn by the defendant.’ Al-Bayhaqi reported with a sound Isnaad (chain of
narraters) that the Prophet (saw) said: ‘The burden of proof lies on the plaintiff and the
oath is to be sworn by the person who denies.’

20. Khilafah Capitalism
The burden of proof lies on the
plaintiff the defendant doesn’t have to
provided any proof his oath is seen to
be enough
In general to prove any crime Shari’ah
requires two Bayyinat (evidences). A
Bayyinah is considered to be:
Shahadah (Eye witness)
Yameen (Oath)
Iqrar (confession)
Mustanidat-e-Qatayiah (Documentary
evidences)
In the US the government
doesn’t have to prove anthing to
keep a person behind bars
except for accusing the person
with terrorism charges
In the Capitalist system rules continues to change according to the whims
and desires of the elite group sitting in the parliament

21. 1. Abdullah b. ‘Umar narrated that the Messenger of Allah (saw) said: ‘The testimony of two women is equal to one
man.’ Abu Sa’eed al-Khudri narrated that the Messenger of Allah (saw) said, ‘Isn't the testimony of a woman equal to
half of that of a man?’ It is narrated from Abu Sa’eed Al-Khudry that the Messenger of Allah said in a hadith: ‘isn’t the
witness of the woman equivalent to half of the testimony of the man? We said, ‘Yes O messenger of Allah.’
2. ‘Uqbah b. Abi Harith, reported : “that he married Umm Yahya, the daughter of Abu Ihab. A black slave woman came
and said: ‘I suckled you and your wife.’ He sad: I mentioned that to the Prophet (saw), but he turned his face
away from me. I turned away, then I mentioned it to him. He said: How can you marry her after she (the blach
woman) claimed she suckled both of you? So he forbade him from her.) In this hadith, the Prophet (saw) instructed
the man to leave his wife based on the testimony of a single woman that she had suckled them.
3. It was reported by Al-Bukhari from Basheer ibn Yasaarclaimed that an Ansari man called Sahl ibn Aby Hatmah told him,
“that some of his folk went to Khaiber, and they dispersed there, and found one of them killed. They said to the
people amongst whom they found him, you killed our friend. They said, we did not kill, and know who killed. So
they went to the Prophet (saw) and said: O Rasool Allah. We went to Khaiber, and found one of us killed. He
said: It is a grave sin; it is a grave sin (al-kibr, al-kibr). He said to them: Bring testimonial evidence about his
murder. They said: We do not have evidence. He said: Then they give an oath. They sad: We do not accept the
oaths of Jews. The Messenger of Allah disliked that his blood becomes unavenged, so he paid his blood money
(diyyah), as one hundred camels from the camels of the zakah (sadaqah).” This hadith indicates that the Messenger
asked them for evidence about a murder happened amongst the Jews. This is because they sad to him: ‘We went to
Khaiber, and found one of us killed’. Though he knew the incident took place in Khaiber, amongst the Jews, and within
their tribe, he mentioned the evidence (bayyinah) without specifying that it must be from Muslims, with the presence of
the indication (qareenah) that the incident was among the Jews. This indicates that if it came from the Jews he would
have accepted it. This is confirmed by his offer to the claimants that Jews take an oath. It came in the narration of Sahl
ibn Aby Hatmah; ‘ Thus, Jews releave you by fifty oaths; so they said how can we take oaths of kuffar people.’ The oath
is one of the testimonial evidences (bayyinaat). This indicates that, regarding the the bayyinah of jinayaat, the non-
Muslim witness is accepted, as well as his oath.
4. Allah (SWT) says: “When death approaches any of you, and you may bequest than take the testimony of two just (A’dl)
men from your own folk or two others from outside (non-Muslims)” .

22. Khilafah
A Muslim is by default trustworthy hence the witness doesn’t have to prove that he is
‘Adl (trustworthy) rather others have to prove that he is a fasiq or not qualified to be a
witness
Qualification of Witness
 Sane
 Mature (Baligh)
 Ádl (Opposite of Fa’siq, or somebody who is not generally known as corrupt)
A Woman can be a witness in all matters including that of Hudood
In general the witness of one woman is half as that of man 1
But in matters where only women have access to, like childbirth, suckling, lineage etc
Islam accepts testimony of a single woman as sufficient to pass a judgment 2
Non-Muslims are accepted as witnesses3
unless someone could prove that he is
corrupt or not an upright person. His witness is accepted in all matters except
Financial matters, Raju’, Divorce and Marriages, Wasiyyat (Will) and Moonsighting 4

23. 1. It is reported by Ali (ra) he said the Messenger (saw) said: “Oh ali, if two people come to ask you to judge between
them, do not judge to the first one unitl you hear the word of the second one in order to know how to judge”.
(Ahmad, Abu Daud)
2. Allah (swt) says: "So when they fulfil their appointed term, either take them back on equitable terms or part with
them on equitable terms, and take for witness two persons from amongst you endued with justice." T.M.Q [65-2].
3. Imam Jassas reports in “Ahkam ul Quran” and Ibn Taymiyya in his book “Al hisba fil Islam” that Umar punished and
judged tazir for a scholar who gave false testimony. He shaved his hair, painted his face black, removed some clothes,
put him on a donkey backwards and paraded him all day in front of the people.

24. Khilafah Capitalism
A judge should not judge without
listening to both the parties 1
Islam gives the defendant the right
to defend himself
The defendant and the complainant
have the right to a lawyer of their
own choice
In the wake of Oklahoma bombing
the US government has wide
powers to arrest detain and deport
aliens based upon secret evidence
-- evidence that neither the alien
nor his attorney could view or refute
Prisioners at Camp Xray do not
have the basic right to a lawyer
In the Capitalist system rules continues to change according to the whims
and desires of the elite group sitting in the parliament
Witness should be Adl (just) 2
No concept of “Wada Muaf Gawah”
False witness is punished 3
Even a fasiq witness is acceptable
Wa’da Muaf Gawah accepted
False witness is not accounted
Innocent people are implicated in crimes through false witnesses
No justice without correct laws relating to scrutiny of witness

25. Khilafah Capitalism
In cases of Hudood any shred of evidence which
produces doubt would evade a guilty verdict
In cases other than Hudood punishment is
pronounced based on Galabat-uz-Zaan (Most
probable)
Once the verdict is pronounced the judgment is
considered the Law of Allah on the issue and
cannot be revoked by any other judge
Circumstantial evidence
are acceptable
Scores of innocent people rot in jail for years or are hanged, as the principle
of definite proof is not followed in the man-made system
No concept of jury. Judgment is not
left to people who are ignorant of
Shara’i ahkam and evidences
In American judicial system common people
who are neither lawyers nor judges are
made to pass a decision as happened in the
infamous O. J. Simpson case in the US
How can the matterbe left to incompetent people, ignorant about the law and
matters related to legal decision making

26. 1. The evidence of this article is reflected in the fact that the Messenger of Allah (saw) never appointed two judges for a single
case. He always appointed one Qadhi for the one case. Besides the Judiciary is conveying the Shari'ah rule for
implementation, and the Shari'ah rule with respect to a Muslim is not diverse. It is the rule of Allah and the rule of Allah is
one. It is true that the understanding of the rule could be diverse. But with respect to a Muslim in terms of acting upon it, the
rule is one and can never be diverse. Hence, whatever the Muslim understands as the Hukam of Allah it becomes the rule of
Allah related to him. Any other understanding does not represent the rule of Allah as far as he is concerned, though in his
view, it is still a valid Shara’i opinion, provided it is extracted through the process of Ijtihad. When the Qadhi conveys the rule
of Allah pertaining to the case, for implementation, this judgment must be one, because it is the conveyance of Allah’s rule
for implementation not merely conveying his opinion for an intellectual discourse. This means that in essence it is acting
upon the rule of Allah, and the rule of Allah with regard to acting upon it, does not diversify, even if the understanding is
diversified. Therefore, it would be wrong for the Qadhi to be more than one since this will diversify the rule of Allah.

27. Khilafah Capitalism
The verdict is passed by a single judge
based on what he finds to be correct 1
There could be other judges assisting
the main judge
The majority or minority is not
considered
There are Double benches and full
benches
Sometime they contradict each other
yet the final decision is based on the
majority as happened in Z.A. Bhutto’s
case
The truthfulness of the matter cannot be gauged by the number of people
carry a certain view, ratherit is gauged by the strength of the evidence

28. Khilafah Capitalism
The plaintiff has the priority to chose the
Qadhi in case there are more than one
Qadhies in the specified court because
he is the one who is seeking the justice
The registrar chooses which judge
would hear the case.
The cases against the government are automatically funneled to the
judges who are known to have inclinations towards the government
The powerful elite influence the registrar to send the case to the judge of
theirchoice
In the Danial Perl case, the government not only moved the court to
different location but she also changed the Judge after the case
proceeding had already started, to get the desired judgment

29. 1. It is narrated that Mohammed (saw) said that: “to free someone criminal is better than to punish someone innocent.”

30. Khilafah Capitalism
The principle of the Punishment System is
to, “prevent the punishment as much as
possible” 1
Only Allah knows what is a “Just”
punishment for a crime. He has divided
punishments into four sub categories:
Hudood
It is the Right of Allah (swt) and no one can
forgive. Punishment is already decided by Allah
such as in fornication, slandering etc.
Al-Jynayaat
It is the right of the person and he/she can
forgive. The compensation is set by Allah not
the person himself, e.g. money equivalent to
100 camels for unintentional killing etc.
Man decides what should be a
“just” punishment
In America various states keep changing the punishment for a murderer.
Alcohol was legal then made illegal and then legalized again
When justice is not served it doesn’t teach the society a lesson and the crime
breads

31. Khilafah Capitalism
In matters related to the community and
State Allah has left it on the state to adopt
a punishment keeping in view the gravity of
the issue and its implications:
Al-Ta’azir
This is considered “the right of the community”.
It covers those issues which affect the society
in every day life like, shouting in the streets and
throwing rubbish onto the street etc. The state
adopts the punishment for the crime.
Al-Mukhalafat
This is the “right of the state”, and it covers the
issues which the state enacts such as breaking
the speed limit, parking in no parking areas
etc... Again, the state will adopt the punishment
for the crime.
Man decides in these
matters as well

32. Khilafah Capitalism
The aggrieved party can forgive the
criminal without bringing him to
court. But if he is brought to court
then the charges cannot be
dropped and judgment will be
passed by the judge. There are
few exceptions to this rule e.g.
death sentence etc.
The plaintiff can withdraw his/her
case anytime he/she likes
If a person is brought to the court then he will be judged upon
No concept of legalised bribery
(plea bargain)
Plea bargain is allowed
The rich gets off the hook since he has money to strike a deal with the
government in the shape of plea bargains orbribery etc.
People like Nawaz Sharif loot and plunder and then legalize this money by
giving a part of it as ransom

33. 1. The ambassadors and their likes are excluded from this and the rules of Islam would not be implemented upon them, for they
would be given diplomatic immunity. This is so because Ahmed reported on the authority of Abu Wa’il who said: “Abdullah said
when Ibnul Nawwaha was killed: “This one and Ibnu Uthal had once come to the Messenger of Allah (saw) as envoys of
Musaylima the liar and the Messenger of Allah (saw) said to them: “Do you bear witness that I am the Messenger of
Allah?” They said: “We bear witness that Musaylima is the Messenger of Allah.” Upon this the Messenger of Allah (saw):
“If I were to kill an envoy I would strike your necks.” Since then, a tradition has been established stipulating that the
envoy does not get killed. As for Ibnu Uthal, Allah (swt) has taken care of him, as for this one he remained immune until
Allah enabled us to slay him now.” This Hadith indicates that it is forbidden to kill the envoys who are dispatched by the Kuffar,
and likewise all the other rules. However, this is exclusively applicable upon those who have the capacity of an envoy, such as the
ambassador and the “Chargé d'affaires” and the like. As for those upon whom the capacity of an envoy does not apply, such as
the Consul and the Commercial Attaché and the like, they would not have any immunity, for they do not have the capacity of an
envoy. This matter should be referred to the convention, because it is a terminological expression whose reality should be
perceived by way of looking into the convention, and it is part of establishing the Manat (reality) i.e. establishing whether they fit
the description of envoys or not
2. Article 48(4) of constitution reads: The question whether any, and if so what, advice was tendered to the President by the Cabinet,
the Prime Minister, a Minister or Minister of State shall not be inquired into in, or by, any court, tribunal or other authority.
Article: 248 Protection to President, Governor, Minister, etc
(1)The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial
Minister shall not be answerable to any Court for the exercise of powers and performance of functions of their respective
offices or for any act done or purported to be done in the exercise of those powers and performance of those functions:
Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate
proceedings against the Federations or a Province.
(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any Court during
his term of office.
(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any Court during his term of
office.
(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of
office…

34. Khilafah Capitalism
Nobody is above the law, even
the Khaleefah can be brought to
court for his personal or
administrative actions
Ambassadors and envoys enjoy
diplomatic immunity 1
According to article 48(4) & 248
of the Pakistani Constitution the
following people have judicial
immunity and cannot be brought
to court, inquired or imprisoned by
any authority in disposing of their
responsibilities 2
President
Prime Minister
Governor
Chief Minister
Federal & Provincial Ministers
Minister of State
Capitalism gives rise to legalized corruption. No wonder why
everybody wants to be a Minster

35. 1. The Khaleefah has the right to look into the Mathalim and he has the right to appoint a Qadhi of Mathalim and he also
reserves the right to remove them. Hence in origin it is permitted for the Khaleefah to appoint and dismiss all Qadhies i.e. it is
part of the Mubah actions of the Khaleefah. However, if the authority of removing the Qadis of Mathalim remains with the
Khaleefah, and other charged with ruling, under all circumstances, then there is a high chance that the Qadhies wouldn’t be
able perform there job such as removing the Kahleefah and other people in authority, if found guilty. Since the Qadhies of
Mathalim could be removed before they could remove them; they could be even unable to look into the cases of Mathalim
tabled against the Khaleefah. Hence, the competence of looking into some of the cases of Mathalim remains stalled or
subject to the threat of removal against the Qadhies, and this leads to stalling the Shari'ah rules in one specific area. And
the stalling even a single Shari’ah rule is forbidden. Thus, if the competence of removing the Qadis of Mathalim remained
with the Khaleefah under all circumstance, this would become a means to the suspension of the Shari'ah rules in a specific
aspect, which is Haram. Therefore according to the Shari'ah principle: “The means to Haram is forbidden.”, the Mubah
action of the Khaleefah would become forbidden as it would lead to something which is Haram. This principle is deduced
from Allah’s (swt) saying :"And do not insult those who call to other than Allah lest they insult Allah out of spite in
their ignorance....." . [T.M.Q 6-108] Therefore, the Khaleefah, Muawin Tafweed or the Qadhi al Qudah (the Chief Judge)
does not have the right to remove the Qadhi of Mathalim while he is in the process of hearing a case against them.

36. Khilafah Capitalism
The Qadhi could not be removed
if he is in the process of hearing a
case against the Khaleefah,
Muawin Tafweed or the Qadhi al
Qudah (the Chief Judge) 1
The head of state has the
authority to remove the judge any
time. The perfect example was
Nawaz Sharif’s tussle with the
Chief justice Sajjad Hussain Shah
In the Khilafah system, Qadhi feels secure and free to serve justice

37. 1. With regards to the Qadhi Hisba and Aamit is allowed for the women to be a Qadhi in these courts. As for the Qadi of
Mathalim, he must be a man just like the Supreme Judge, because his job involves judging and ruling, for he passes
judgement on the ruler and implement Shari'ah upon him, thus he must be a man, in addition to all other requirements of
the Qadi which include the requirement of being Faqih. It is because “People who hand their affairs to a woman shall not
succeed.”
2. Moreover, he should also be a Mujtahid because part of the Mathalim into which he looks is the possibility of the ruler ruling
by other than what Allah has revealed, namely if he were to rule by a rule that has no Shari'ah evidence, or if the evidence
he uses did not agree with the matter at issue; thus this type of Mathlama could only be looked into by a Mujtahid. If he
were not a Mujtahid, he would be judging out of ignorance, and that would be forbidden. As the Hadith says “And a man
who judged for people with ignorance, he is in hell-fire.” Hence, in addition to the requirements of the ruler and those of
the Qadi, he should be a Mujtahid.

38. Khilafah Capitalism
All Qadies must have the following
necessary conditions for appointment:
 Sane
 Mature
 Muslim
 Adl (opposite of fasiq)
 Faqih (knowledgeable in Islamic Law)
 A non-Muslim could be a judge
A judge doesn’t have to be Adl and
Faqih to implement British Law in
Pakistan
For Qadhi Mazalim there are two
additional conditions
 Male 1
 Mujtahid 2
No such conditions in any level of
judiciary in Pakistan
Qualifications such as Adl, Faqih and Mujtahid are not needed in the current
colonial judicial systemof Pakistan

39. 1. Allah (SWT) says: "And judge between them by that which Allah has revealed." [Al-Mai'dah: 49]

40. Khilafah Capitalism
All the laws related to Judicial
system are derived from Qur’an
and Sunnah and all procedural
codes are built upon Qu’an and
Sunnah
Without a shar’i evidence, these
laws cannot be altered by neither
the Khaleefah nor the
representatives, to suit
themselves to avoid justice
All laws and procedural codes related to
judiciary are man made either through
parliament or through various
commissions etc
Pakistani justice system is a legacy of
the British Colonial system
The Elite group in the parliament is the
final authority to alter these laws who
themselves are mostly involved in the
persecution and injustices with the
common people
The Qadhi judges based on
Qur’an and Sunnah and nothing
else1
The Judges have no option but to pass
judgement based on what is legislated
by the parliament
Laws given by Allah are free from any kind of bias hence provide justice
where as “Elite Group” will always look for it’s own interest or the
interest of the colonialist master
Qadhi is forced to rule according to what has been revealed by the Creator and
hence the laws and the rights given by the creator to His creations do not change
with the whims and desires of the rulers

41. 1. Hisba means: 'Conveying the divine rule for the purpose of enforcing it regarding that which causes harm to the rights of the
community.‘ This is highlighted in the Hadith of the heap of food. It has been reported in Sahih Muslim on the authority of
Abu Hurayra that the Messenger of Allah (SAW) passed by a heap of food. As he put his hand inside it his fingers got
wet, so he said to the vendor: "What is this?" He said: "It was dampened by the rain O Messenger of Allah." He
(SAW) said: "Why don't you put it on the top so that people can see it? He who cheats does not belong to me."

42. Khilafah Capitalism
There are three types of courts dealing with
different issues. No concept of higher or
lower courts
 Qadhi Mohtasib
 Qadhi Aam
 Qadhi Mazalim
Different levels of courts
 Magistrate
 District Courts
 Session Courts
 High Courts
 Supreme Courts
Qadhi Mohtasib
 Deals with crimes committed against the
society and violations of the community’s
rights such as cheating on the scales,
encroachments etc 1
 He may not sit in a court or place but he
moves around in the society.
 He has police officers accompanying him. He
judges at the spot and passes judgement and
punishment such as fines etc


43. 1. The evidence for the judge who settles disputes between people, i.e. Qadhi Aam, is derived from the actions of the
Messenger of Allah (saw), and from his appointment of Mu'az Ibnu Jabal over an area of Yemen.
2. The Mazalim (unjust acts) were mentioned in the Hadith of the Messenger of Allah (saw) regarding the fixing of prices
where he said: "And verily I hope that I will meet Allah Azza wa Jall without having anyone claiming against me a
Mazlama (complaint) I inflicted on him, be it of blood or funds" as narrated by Ahmad on the authority of Anas. The
evidence for the judge of Mazalim (unjust acts), is derived from Allah (SWT) saying: "O you who believe obey Allah and
obey the Messenger and those in authority from amongst you. If you dispute about something refer it to Allah and
the Messenger." [An-Nisa: 59] Therefore, any dispute between the citizens and the people in authority should be referred
to Allah and His Messenger i.e. to the rule of Allah. This necessitates the presence of a judge to give judgment on this
dispute, and this is the judge of Mazalim. Evidence is also derived from the action of the Messenger of Allah (saw), for he
(saw) appointed Rashid Ibnu Abdullah (ra) as judge of Mazalim.

44. Khilafah
Qadhi Aam 1
Settles disputes among the people in transactions and punishments
Judges on crimes committed against the state includes Hudood and Ta’zeerat
Qadhi Mazalim 2
Judges upon disputes between the State/Rulers and the people
Complaints against all judges and civil servants
Judges upon conflicts between the Muslims and the State about the interpretation
of any Shari'ah texts
Can take suo moto action against the State and its machinery

45. 1. The Khaleefah is removed from the Khilafah post in situations where he becomes out of the Khilafah bounds, thus the
obedience would not become obligatory. This would be in case if he apostatises, becomes completely insane or falls
prisoner in the hands of a powerful enemy from where he cannot deliver himself. However, there are other cases when
his removal becomes incumbent but his obedience remains obligatory until he is actually removed through the process
laid down by the Shari’ah. This would be the case if he becomes flagrantly Fasiq, becomes partially insane, for any
reason is unable to bear the burdens of Khilafah or in case he is experiencing subjugation that prevents him from
disposing of the interests of the subjects by his own opinion and within the boundaries of Shari'ah. In such cases he must
be removed and should be deliberated in the Mathalim court and nowhere else.
2. 'Ubadah Ibnus-Samit reported: "The Messenger of Allah (SAW) called us and we gave him the Bai'ah (oath of
allegiance). Among the injunctions he made binding upon us was to listen and obey to the Ameer in our pleasure
and displeasure, in our adversity and prosperity, and giving (others) preference over ourselves, and not to
dispute the authority with its people, he said: "Unless you see a flagrant disbelief on which you have clear proof
from Allah," narrated by Muslim.

46. Khilafah Capitalism
Qadhi Madhalim can take sua
moto action against the injustices
of the State
Can even impeach the Khaleefah
if found guilty of crime for which
Islam requires his impeachment
such as becoming a fasiq, or
ruling with kufr etc. 1
According to article 48(4) of the
Pakistani Constitution President,
Prime Minister, Governors,
Federal & Provincial Ministers,
cannot be brought to court or
inquired by any authority in
disposing of their responsibilities
Hence an important issue of impeachment of the ruler is not decided on
the whims and desires of the people rather one of the most responsible
citizen of the society, Qadhi Mazalim, passes a judgement based on rules
laid down by the Shari’ah, not on his personal desires orgrudges.
The ruling has to be very obvious for which there is a “Clear Daleel” from
Qur’an and Sunnah. The whole Ummah is a witness over such a high
profile decision, which even keeps the Qahdi Mazalimin checkas well.2

47. Khilafah Capitalism
There are four types of crimes in islam:
 Qadhi Mohtasib
 Qadhi Aam
 Qadhi Mazalim
Different levels of courts
 Magistrate
 District Courts
 Session Courts
 High Courts
 Supreme Courts
Qadhi Mohtasib
 Deals with crimes committed against the
society and violations of the community’s
rights such as cheating on the scales,
encroachments etc 1
 He may not sit in a court or place but he
moves around in the society.
 He has police officers accompanying him. He
judges at the spot and passes judgement and
punishment such as fines etc


48. 1. There is no Court of Appeal since court proceedings are only undertaken when the evidence is proven to be 100% definite.
The ruling of the Qadhi cannot be revoked, be it by him or by any other Qadhi. Abu Bakr (ra) judged on certain issues
according to his Ijtihad and Omar (ra) differed with him, but he did not revoke his rulings. Ali (ra) also differed with Omar (ra)
in his Ijtihad, but he did not rescind his rulings. The people of Najran came to Ali (ra) and said to him “O Amir of the
believers, your book is in your hands and your intercession is by your tongue.” He replied: “Woe to you! Omar was rightly
guided and I shall never quash a ruling delivered by Omar.” It has also been reported that Omar (ra) has ruled in “Al-
Mashrakah” (sharing inheritance) by excluding the brothers by two fathers; then in another case he included them in the
share and said: “That was my ruling then and this is my ruling now.” When the Qadhi passes judgement in the case, he is in
fact putting the rule of Allah into action, thus its execution becomes obligatory. Hence, it must not be quashed at all, because
it would be a quashing the rule of Allah, and that is forbidden.

49. Khilafah Capitalism
The decision made by the Qadhi
is final and there are no appeals
to higher courts 1
There are appeals starting from
Magistrate to the Supreme court
Provides swift and speedy justice. The rightful owner doesn’t have to run
fromone court to the other
Speedy and free justice discourages corrupt fromcommitting crime
The aggrieved party can take the
Qadhi to the Madhalim courts if
his judgment
contradicts definite text in the
Qur'an, Sunnah or Ijma'a as-
sahabah
 or contradicts a true reality
The judge’s decision can be over-
ruled by the superior court but he
is seldom punished for his
corruption
Keeps the Qadhi in-checkfromcorruption

50. 1. Allah (SWT) says: “And if you judge between people that you judge with justice.” [TMQ: 4-58] Also in His (SWT)
says: “And let not the hatred of others to you to make you swerve to wrong and depart from justice. Be just, that
is next to piety and fear Allah, for Allah is well acquainted with all that you do.” [TMQ: 5-8] It is also reflected in
Allah (swt) saying pertaining the judgement between the people of the book: “If you judge, judge with equity between
them; for Allah loves those who judge in equity.” [TMQ: 5-42] A Muslim who had killed a Jew was brought to the
Messenger of Allah (saw), so he killed him and said: “We are the worthiest in fulfilling our oath.”
2. The Messenger of Allah (saw) approved the drinking of Khamr (alcohol) by the Jews and Christians as well as their rules
for marriage and divorce. The Messenger's (saw) approval is a specification for the general evidence. Regarding
marriage and divorce, the Messenger's (saw) approval applies only when both mates are Kuffar. In situations where the
husband is a Muslim and the wife is a Christian or a Jew, the rules of the Shar'iyah must be implemented on them. It is
not possible that the wife is a Muslim and the husband is a Kafir, because such a marriage is invalid by the saying of
Allah (swt): "Then send them not back to the unbelievers. They are not lawful (wives) for the unbelievers, nor are
the unbelievers lawful (husbands) for them."
3. Islam also outlined that the Zimmi enjoy the same justice we enjoy and that they should abide by the same rules which
we abide by. As for abiding by that which we abide by, this is derived from the actions and sayings of the Messenger of
Allah (saw). He (saw) used to exact the same punishment upon the Kuffar and the Muslims. The Messenger of Allah
(saw) punished a Jew by killing him for killing a woman. A Jewish couple were brought to the Messenger of Allah (saw)
because they committed adultery, so he ordered their stoning to death.
4. Allah (swt) says “There is no compulsion in the Deen” T.M.Q [2 -256]. and the Messenger of Allah (saw) said: “He
who has embraced Judaism and he who has embraced Christianity, they should not be coerced away from their
faith.” Hence, any action, which to them is considered as a matter of faith, we should not interfere with them and we
should allow them to practise what they believe, even if this were not in our Deen part of Aqeedah matters. Also any
action which the Messenger of Allah (saw) allowed them to perform, such as drinking alcohol, and getting married, we
should also not interfere with them in regard to these actions.

51. Khilafah Capitalism
All people are equal before the Law.
The law provides justice to all
irrespective of colour, race and creed1
In matters of food, clothing and
marriage the non-Muslims are treated
according to their religions within the
limits allowed by Ahkam Shari’ah 2
In matters related to systems such as
economic, social, ruling etc Islam is
implemented on all citizens alike 3
Non-Muslims are allowed to follow
their own beliefs and worships and
they are not forced to accept Islam 4
US has passed discriminatory laws
for alien residents such as bugging
their phones etc.
A Muslim citizen is not allowed to
marry more than one wife in the US
In certain Capitalist states Muslim
women are not allowed to wear
Hijab
UK law denies entry to under-18
wives
Only Islam can protect the rights of the all people living under the
authority of the State irrespective of their colour, race, creed and
nationality

52. Justice
Punishment
Defining
the crime
Investigation
Process of
Conviction
Who can
forgive
Above the
Law
Pressure
from the ruler
Judges
Qualifications
To provide justice all the above 8 elements have to be built on “just” laws & principles
Judicial systemhas a direct relationship with the process of legislation i.e. Ruling System
Capitalist System can never serve justice since laws related to justice system are also legislated
by the “Elite Group”. As most of them are involved in the persecution of the masses
themselves, they would neverlegislate laws and procedures that would bring justice to people
Hence to provide justice to the people we will have to establish Khilafah where all the above 8
elements are derived from the sources given to us by the Creator which are neither biased in
favorof the poornorthe rich

53. Khilafah
oTo implement Islam’s Judicial System we require its corresponding ruling system
i.e. the Khilafah. In the Khilafah no one has the authority to change Allah’s laws or
abrogated them
oDictatorship and Democracy cannot implement Islam’s Judicial System as man is
the legislator in both these systems and the powerful can easily change the just laws
of Islam in their personal interests to subjugate the rights of the weak and the poor

54. Decision making
Legislative Mubah
(General issues)
Mubah
(needing expertise)
Economic Ruling Social Judicial Education
Foreign
Policy
The ruler
The ruler
The ruler

55. Decision making
Legislative Mubah
(General issues)
Mubah
(needing expertise)
Economic Ruling Social Judicial Education
Foreign
Policy
Elite Group
Elite Group
Elite Group

56. Decision making
Legislative Mubah
(General issues)
Mubah
(needing expertise)
Economic Ruling Social Judicial Education
Foreign
Policy
Khaleefah
is final
authority
after
discussing
with
experts
People
Through their
representatives
decide based on
majority
Allah’s Ahkam
Are implemented
derived from the
sources, Qur’an,
Sunnah, Ijma us
Sahaba
Qiyas