5. Judicial system

Category: Qur’an Source: Surah al-Nisa (4), ayah(s) 135. Status: identified text; contiguous excerpt.

Published English excerpt — M. M. Pickthall (Tanzil): O ye who believe! Be ye staunch in justice, witnesses for Allah, even though it be against yourselves or (your) parents or (your) kindred,

Relevance / context: Directly rejects self-interest and kinship bias. The remainder also addresses wealth, poverty, desire and distortion of testimony. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Nisa (4), ayah(s) 105. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): Lo! We reveal unto thee the Scripture with the truth, that thou mayst judge between mankind by that which Allah showeth thee. And be not thou a pleader for the treacherous;

Relevance / context: Condemns advocacy for betrayal. This must not be misused to deny an accused person a fair hearing or to assume guilt before proof. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Maidah (5), ayah(s) 8. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): O ye who believe! Be steadfast witnesses for Allah in equity, and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to your duty. Observe your duty to Allah. Lo! Allah is Informed of what ye do.

Relevance / context: Complements justice against self-interest with justice toward disliked groups. Hostility does not remove the obligation of fairness. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Hujurat (49), ayah(s) 6. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): O ye who believe! If an evil-liver bring you tidings, verify it, lest ye smite some folk in ignorance and afterward repent of what ye did.

Relevance / context: Connects source reliability, verification and prevention of wrongful harm. Contemporary fact-checking and administrative inquiry are applications of this principle. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Nur (24), ayah(s) 4. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): And those who accuse honourable women but bring not four witnesses, scourge them (with) eighty stripes and never (afterward) accept their testimony - They indeed are evil-doers -

Relevance / context: A specific rule concerning qadhf, not a rule requiring four witnesses for every civil or criminal claim. Read with 24:5 on repentance and 24:6–9 on li‘an; judicial application is not private enforcement. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Isra (17), ayah(s) 36. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): (O man), follow not that whereof thou hast no knowledge. Lo! the hearing and the sight and the heart - of each of these it will be asked.

Relevance / context: An epistemic and ethical restraint relevant to witnesses, investigators and researchers; it is not a complete technical law of evidence. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Anam (6), ayah(s) 164. Status: identified text; contiguous excerpt.

Published English excerpt — M. M. Pickthall (Tanzil): Each soul earneth only on its own account, nor doth any laden bear another's load.

Relevance / context: Directly states personal accountability. Distinguish another person’s guilt from one’s own participation, facilitation or legally established responsibility. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Nisa (4), ayah(s) 148. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): Allah loveth not the utterance of harsh speech save by one who hath been wronged. Allah is ever Hearer, Knower.

Relevance / context: An explicit exception relevant to grievances and redress. It does not authorize fabrication, limitless retaliation or violation of another person’s rights. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Qur’an Source: Surah al-Shura (42), ayah(s) 40. Status: identified text; complete verse(s).

Published English translation — M. M. Pickthall (Tanzil): The guerdon of an ill-deed is an ill the like thereof. But whosoever pardoneth and amendeth, his wage is the affair of Allah. Lo! He loveth not wrong-doers.

Relevance / context: Places a limit on response while recognizing pardon joined to repair. It neither requires every victim to waive a claim nor replaces the rules governing judicial jurisdiction. Best use: Textual evidence / argument

Verification: Arabic & verse locator | Pickthall | Junagarhi

Category: Hadith Source: Sahih al-Bukhari, no. 3475; Book: Reports of the Prophets. Narrator: Aisha. Grade: Sahih — included in Sahih al-Bukhari (standard Sunni classification).

Checked English excerpt — Sunnah.com: if a noble amongst them stole, they would forgive him,

Translation limitation: published Urdu wording was not verified for this entry. The Urdu note below is editorial explanation, not a Hadith translation.

Relevance / context: The full Makhzumi-woman report condemns status-based discrimination in punishment. It does not dispense with proof, legal conditions or competent judicial process. Best use: Textual evidence / argument

Verification: Collection text & number

Category: Hadith Source: Sahih al-Bukhari, no. 7181; Book: Judgments. Narrator: Umm Salama. Grade: Sahih — included in Sahih al-Bukhari (standard Sunni classification).

Checked English excerpt — Sunnah.com: then whatever he takes is nothing but a piece of Fire,

Translation limitation: published Urdu wording was not verified for this entry. The Urdu note below is editorial explanation, not a Hadith translation.

Relevance / context: The report distinguishes adjudication on presented arguments from actual entitlement: persuasive presentation cannot morally convert another person’s right into one’s own. Best use: Textual evidence / argument

Verification: Collection text & number

Category: Hadith Source: Sahih al-Bukhari, no. 7158; Book: Judgments. Narrator: Abu Bakra, through Abd al-Rahman ibn Abi Bakra. Grade: Sahih — included in Sahih al-Bukhari (standard Sunni classification).

Checked English excerpt — Sunnah.com: A judge should not judge between two persons while he is in an angry mood.

Translation limitation: published Urdu wording was not verified for this entry. The Urdu note below is editorial explanation, not a Hadith translation.

Relevance / context: Abu Bakra transmits the instruction in a letter to his son in Sijistan; the report connects judicial restraint with practical official correspondence. Best use: Textual evidence / argument

Verification: Collection text & number

Category: Hadith Source: Sahih Muslim, no. 1711a; Book: Judicial decisions. Narrator: Abdullah ibn Abbas. Grade: Sahih — included in Sahih Muslim (standard Sunni classification).

Checked English excerpt — Sunnah.com: but the oath must be taken by the defendant.

Translation limitation: published Urdu wording was not verified for this entry. The Urdu note below is editorial explanation, not a Hadith translation.

Relevance / context: The full report warns that bare claims would endanger life and property. The familiar longer maxim about claimant’s evidence is not silently substituted for this wording. Best use: Textual evidence / argument

Verification: Collection text & number

Category: Hadith Source: Sunan Abi Dawud, no. 3573; Book: The office of the judge. Narrator: Burayda ibn al-Hasib. Grade: Sahih — al-Albani

Checked English excerpt — Sunnah.com: a man who knows what is right and gives judgment accordingly;

Translation limitation: published Urdu wording was not verified for this entry. The Urdu note below is editorial explanation, not a Hadith translation.

Relevance / context: The full report distinguishes knowledgeable just judgment from deliberate injustice and ignorant judgment. Abu Dawud calls this the soundest report on its subject; al-Albani grades it sahih. Best use: Textual evidence / argument

Verification: Collection text & number

Category: Hadith Source: Sunan Abi Dawud, no. 3582; Book: The office of the judge. Narrator: Ali ibn Abi Talib. Grade: Hasan — al-Albani

Checked English excerpt — Sunnah.com: do not decide till you hear what the other has to say as you heard what the first had to say;

Translation limitation: published Urdu wording was not verified for this entry. The Urdu note below is editorial explanation, not a Hadith translation.

Relevance / context: The advice is given on Ali’s judicial appointment to Yemen. The closing sentence has a narrator’s stated uncertainty; that uncertainty is not suppressed. Best use: Textual evidence / argument

Verification: Collection text & number

Category: Tafsir Author/body: Ibn Kathir Work: Tafsir al-Quran al-Azim Locator: Commentary on 49:6; opening paragraph

Scholarly position / paraphrased argument: Ibn Kathir links verification to avoiding decisions based on false or mistaken information. He records disagreement over accepting a report from a person whose reliability is unknown.

Source status: Arabic digital text checked at King Saud University’s Quran portal; no print pagination claimed.

Relevance / context: Adds an evidentiary debate beyond a general call to check news. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Introduction, Part II: Maxims; Article(s) 4–5, 8

Scholarly position / paraphrased argument: Established certainty is not displaced by doubt, and freedom from liability is the starting presumption. A claim beyond what is admitted needs supporting proof.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: These are juristic presumptions, not a substitute for rules governing each type of evidence. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Book XVI: Administration of Justice; Article(s) 1792–1793

Scholarly position / paraphrased argument: The code requires reliability and firmness alongside knowledge of jurisprudence and procedure and the ability to decide disputes accordingly.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: Combines ethical suitability with professional legal knowledge. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Book XVI: Administration of Justice; Article(s) 1796–1798

Scholarly position / paraphrased argument: The code bars party gifts and hospitality and warns against private contact or secret communication that undermines confidence in an impartial hearing.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: A concrete conflict-of-interest rule, not merely a general moral exhortation. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Book XVI: Administration of Justice; Article(s) 1799

Scholarly position / paraphrased argument: Equal treatment extends to seating, attention and speech during the hearing, irrespective of a party’s social rank.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: Shows the procedural expression of impartiality. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Book XVI: Administration of Justice; Article(s) 1808–1809

Scholarly position / paraphrased argument: The code restricts adjudication benefiting specified relatives, a partner or dependants and provides alternative adjudicators where the judge is involved.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: Useful for explaining institutional safeguards against personal interest. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Book XVI: Administration of Justice; Article(s) 1815–1818, 1824

Scholarly position / paraphrased argument: The judge hears the plaintiff, calls for the defendant’s answer, and then considers admission or proof. Neither party may interrupt the other.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: A procedural sequence that can be cited separately from a general principle of justice. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Book XVI: Administration of Justice; Article(s) 1825

Scholarly position / paraphrased argument: The court must provide a competent, reliable interpreter where the relevant language is not understood.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: Supports meaningful access to proceedings; the language requirement is substantive, not decorative. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Book XVI: Administration of Justice; Article(s) 1827–1828

Scholarly position / paraphrased argument: The formal judgment should contain reasons and orders, be communicated to the parties, and not be withheld once the basis for decision is complete.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: Connects transparency, reason-giving and timely adjudication. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Book XVI: Administration of Justice; Article(s) 1833–1836

Scholarly position / paraphrased argument: The code specifies repeated summons, representation to safeguard an absent defendant’s interests, service of judgment and a hearing for a later valid defence.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: An identified historical procedure, not advice about a present court case. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Book XVI: Administration of Justice; Article(s) 1837–1840

Scholarly position / paraphrased argument: Valid reasoned judgments are not simply reopened, but identified legal error or a sound defence may justify review or reversal under the code.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: Distinguishes legal finality from protecting an erroneous judgment at all costs. Best use: Example / critical analysis

Verification: Read identified source passage

Category: Juristic codification Author/body: Ottoman Majalla commission Work: Majallat al-Ahkam al-Adliyyah Locator: Book XVI: Administration of Justice; Article(s) 1841–1842, 1848–1849

Scholarly position / paraphrased argument: Property disputes may go to arbitration. The award concerns only authorized parties and matters, and judicial confirmation depends on conformity with law.

Source status: Historical Hanafi codification; English access text hosted by IIUM. Print translator/edition not independently established. Not asserted to be current law or unanimous doctrine.

Relevance / context: Useful for alternative dispute resolution without treating arbitral power as unlimited. Best use: Example / critical analysis

Verification: Read identified source passage