Ibn Khalduns Understanding of the Judicial Function - Coursework Example

Ibn Khalduns understanding of the judicial function Introduction: Ibn Khaldun, the ancient Persian philosopher and historian is best known for his magnum opus - Al Muqaddimah in which he wrote a critical account of history as he perceived it. Most of the accounts in the book, are based on his own personal experience. His deep insight into the subjects including history, sociology, sciences and the law, are indicative of the vast knowledge he gained through extensive travelling and the varied positions he held that allowed him to interact with those on the highest socio-economic order (Centre for Islamic Studies, 2015). Khalidun’s grasp of the judicial system was impeccable and his stance on laws – fair, just and inclusive. This is evident from the various incidences mentioned through out this book whereby he constantly emphasises the significance of knowledge criticises ignorance. He believes that those in the highest authority who hold the most power must practice self-reliance since they are in charge of governing many under their rule. In order for justice to prevail and civilizations to flourish, it is of crucial significance for the ruler to be fair and just and knowledgeable in the religious laws. He must be aware of the word of God, and must practice it diligently. Since most of the Islamic laws are based on the religious scripture, all the key positions held by people under the caliphate are governed by Islamic religious laws. The office of judge is . . . an institution that serves the purpose of settling suits and breaking off disputes and dissensions. Using the above stated quote from Ibn Khadlun’s Al Muqqadimah, this essay focuses on the manner in which he perceived the judicial system and understood it. Ibn Khaldun’s understanding of the judicial system: Ibn Khalidun believed that all laws exist to preserve human civilisation (Khalidun, p. 9) hence they essentially focus on issues that concern human civilisation. He stated that acts such as adultery tends to confuse pedigree which in turn results in the destruction of the human species. Similarly murder and the lack of justice also destroys the human species (Khalidun, p. 9). Throughout the book, Khalidun cites various stories in order to explain and emphasise on the significance of laws and the judicial system as a whole. For instance, through the story of the owl, as reported by al-Maudi he states that those who enjoy great power owing to their high standing in society must ensure the appropriate implementation and application of the religious law and obedience to god, in order for justice to prevail. He states that “mighty royal authority is accomplished only through men. Men persist only with the help of property. The only way to property is through cultivation. The only way to cultivation is through justice. Justice is a balance set up among mankind" (Khalidun, p. 9). He believed that the ruler is chosen by God as an overseer of justice and hence he must obey the religious laws and ensure its proper implementation to protect mankind. Khalidun was of the view that while laws are necessary to protect and preserve human kind "the reliance of sedentary people upon laws destroys their fortitude and power of resistance" (Khalidun, p. 168). He argued that not everyone is capable enough to handle their own affairs. They need someone in higher authority to supervise their behaviour and the manner in which they conduct themselves. He believed that only a handful of people in higher ranks such as Chiefs or leaders of a community are capable of managing themselves well and overlook the affairs of those in their care or under their jurisdiction (Khalidun, p. 168). He also stated that the manner in which the society behaves is directly influenced by the type of laws introduced and the attitude of their ruler or controller. If the laws are too harsh and introduced by chiefs /rulers who are dominating by nature, then the people under it are likely to feel oppressed and are likely to rebel and oppose the restrictions imposed on them. On the contrary, if the laws are just and fair and the people under it are satisfied with it, then such laws are likely to be highly effective in getting the desired results i.e., ensure harmony and absence of any chaos or rebellion by those under it. Furthermore, such people /society tends to become more self-reliant since they are used to it. Obedience or acceptance of such laws is hence easily achieved if the ruler treats the community under it, with kindness and the laws implemented are based on reason rather than those implemented by brute force and intimidation, in which case it increases the odds of rebellion and resistance among the public (Khalidun, p. 168). He further stated that when the laws are enforced through punishment, brute force, intimidation or coercion, they completely destroy the very foundation of the human civilisation and break the morale of the citizens. It generates feelings of humiliation among those being punished since they are incapable of or prevented from defending themselves. Hence the laws must be enforced through education and knowledge and proper instruction must be given to individuals from a young age. The individuals when introduced to a certain form of behaviour since childhood, through proper laws, are more likely to imbibe the desired characteristics or forms of behaviour since they grow up being fearful of the consequences of their actions (Khalidun, p. 168). He cites the example of Muhammad, who diligently followed the religious laws as mentioned in the scriptures and the manner in which him and his followers practiced self-restraint by following the word of the Lord (Khalidun, p. 169). Khalidun strongly believed that injustice and mutual aggression are evil qualities possessed by men. He suggests that one who casts an evil eye on his brothers property will somehow try to take it from him unless there is a higher authority or law that prevents him from acting upon his evil thoughts. Thus the acts of mutual aggression are controlled by influence of force and governmental authority or the ruler himself (Khalidun, p. 170). Khalidun stated that royal authority in Islam falls under the caliphate and the ruler holds the highest position and is in charge of supervising the tasks of the muftis and the teachers, while "the office of the judge is one of the positions that come under the caliphate. It is an institution that serves the purpose of settling suits and breaking off disputes and dissensions" (Khalidun, p. 290). All the religious functions concerning religious law including prayers, the holy war or market supervision (hisbah) are governed and supervised by the great imamate, which is the caliphate. Each of the tasks such as those mentioned above, are the branches of religious law and are indicative of the wide scope of the authority of the caliphate in Muslim religious laws. The office of the judge is one of the most crucial positions under the caliphate since it is established with the sole purpose of settling suits and breaking disputes among the people of the land. This is governed by religious laws laid down by the Quran and the Sunnah. Khalidun stated that at the beginning of Islam the office of the judge was governed directly by the caliphs who personally dealt with disputes among his people. However eventually it was assigned to others, when the caliph Umar first assigned it to one of his men, Abu d-Darda and placed him in the position of a judge in Medina. The caliph Umar personally wrote all the laws by which the office of the judge must be and were governed which states: "Now, the office of the judge is a definite religious duty and a generally followed practice. Understand the depositions that are made before you, for it is useless to consider a plea that is not valid." (Khalidun, p. 292). It also stated that all men must be treated equally and deserve the attention of the judge regardless of their background. The judge must not discriminate among those who approach the office for settlement of their disputes, regardless of the individual being from nobility or an ordinary citizen. He imposed a condition on the judge to be humble while serving the public and to ensure that no individual who approaches the office is in despair or left devoid of justice (Khalidun, p. 292). He imposed certain obligations on the claimants as well, whereby they were required to produce necessary evidence that would prove their innocence under oath. These laws were based on the religious scriptures and in accordance with the word of the prophet. Hence although the office of the judge was entitled to suggest compromise as a method of judgement, it must not contain any agreement which is prohibited or forbidden under the Islamic religious laws. The laws and the regulations drafted by Umar were fair and just and it is apparent from the fact that those laws allowed the judge to retract their statement if they realised that their judgement was wrong or the innocent was accused wrongly. "If you gave judgement yesterday, and today upon reconsideration come to the correct opinion, you should not feel prevented by your first judgement from retracting; for justice is primeval, and it is better to retract than to persist in worthlessness" (Khalidun, p. 292). The law also states that the judges must be diligent and alert while dealing with cases that do not fall under the purview of Quran or the Sunnah and asks them to use their own judgement in dealing with such cases or study similar cases /precedences in order to deliver justice. The laws governing the office of the judge are so precise that they go above and beyond the requirements of the acts that ensure justice for the citizens and include norms for desired etiquette and behaviour to be followed by the judges. The law requires the judge to "avoid fatigue and weariness and annoyance at the litigants" (Khalidun, p. 293). Conclusion: Although the office of the judge was initially entrusted with settlement of disputes its scope and duties grew to include cases involving disputes related to care of orphans, bankrupts or people who were incompetent; property of insane persons; supervision of wills and mortmain donations; supervision of public works such as roads and buildings as well as examining the testimonies of the witnesses among others (Khalidun, p. 293). Works cited: Ibn Khalidun. The Muqaddimah. Translated by Franz Rosenthal [online] Available at: [Accessed: April 6, 2015] Centre for Islamic Studies (2015). Abd al-Rahman b. Muhammad Ibn Khaldun [Online] Available at: [Accessed: April 7, 2015] Read More