- Tanazur
- اسلامی عدالتی نظام میں عادلانہ حق سماعت – ایک تحقیقی جائزہ: The Right to a Fair Hearing in the Islamic Judicial System – A Research Review
اسلامی عدالتی نظام میں عادلانہ حق سماعت – ایک تحقیقی جائزہ: The Right to a Fair Hearing in the Islamic Judicial System – A Research Review
Article Detail
- Article type:
- Keywords: Islamic; judicial system; Fair Right; Quran; Sharia; Principles
- Subject: Religion
- Language(s): Arabic, English, Urdu
- Volume: Vol. 5 No. 4
- Issue:
- Pages: 153- 170
- Published: 31 Dec 2024
Abstract
In the Islamic judicial system, the "right to a fair hearing" refers to a principle based on fairness and justice under which each party is given a full opportunity to present and defend their case. Justice and fairness have been given great importance in Islamic Sharia, and on this basis, the right to a hearing has also been considered an integral part. Equality has a fundamental position in the Islamic judicial system. This research is conducted to examine the importance of the principle of "fair hearing" in the Islamic judicial system. Its aim is to better understand the provision of justice under Sharia law and to provide an understanding of a judicial system based on the principles of equality, transparency, and justice. This research examined the principles of "fair hearing" in the light of the Quran and Sunnah. The role of the judge and the practical details of justice have been highlighted through examples of judicial systems from different historical periods. During the research, these questions were posed. What is the basis of the principle of "fair hearing" in the Islamic judicial system? Why is piety and impartiality important in the decisions of the judge? How are the principles of justice ensured in judicial proceedings? What impact can the system of cross-examination and testimony have on justice? The key findings of this research are that "fair hearing" is a fundamental principle of the Islamic judicial system, which ensures transparency, equality, and justice. Impartiality and piety are central to the role of the judge. Both parties are given full rights to present their evidence and cross-examination. Cross-examination and examination of evidence play an important role in the establishment of justice. Included. Recommendations of the study includes; the principles of "fair hearing" should be implemented in the current judicial system. The elements of impartiality and piety should be included in the training of judges, Technology should be used to increase transparency in judicial proceedings, and Educational campaigns should be launched to educate the public about their judicial rights. This research highlights the just aspects of the Islamic judicial system and emphasizes the need for their implementation.
Journal Information
- Journal: Tanazur
- ISSN (online): 2790-8208
- Institute: Society
- Publisher: Tanāẓur Research Journal of Religious Perspectives Institute of Religious Research & Perspectives Pakistan (IRRP), 74-P, Valencia Town, Lahore 54770 Pakistan|Germany|UK Tel.: 0092 42 32311 407 ; Email: editor@tanazur.com.pk
- Start year: 2020
- Country: Pakistan
- Review type: Double blind peer review
- Date added: 30 Mar 2023
- Last index: 24 Feb 2025