Judges and Judgements of Shari’ah Courts in Zamfara State: Analysis from Islamic Perspectives

Judges and Judgements of Shari’ah Courts in Zamfara State: Analysis from Islamic Perspectives.

Abstract

Glorious Qur’an and sunnah are the two primary sources of shari’ah, once any law contradicts the above two primary sources of shari’ah such a law is regarded as null and avoid to the extent of its inconsistency.

In fact it carries no weight in Islam and should be done away with.

Allah says:

Then We made for you law, follow it and do not follow the fancies of those who have no knowledge.⁵

Islam as a religion, comprehensively deals with all aspects of life. Its rules and regulations are based on the commandments of Allah as contained in the Glorious Qur’an and sunnah of the prophet Muhammad (S.A.W).

Every Muslim is under any obligation to run his entire life in accordance with the teachings of the Glorious  Qur’an and sunnah of the prophet Muhammad (S.A.W).

The Judicial system of Islam is a system which aims at deciding between litigants justly with the aim of settling their disputes in accordance with the injunctions of the divine law.⁶

Introduction

Background Of Study

In The name of Allah the most beneficent the most merciful. All praise is due to Almighty Allah the Lord of the world may his peace, mercy and blessing be upon His Noblest prophet Muhammad (S.A.W), his family, his companions and those who follows them with righteous deed till the day of judgment.

It is a well known fact that Islam is a complete way of life that encompasses all aspects of Muslim endeavour of which judicial processes is a type. In this regard Allah the Almighty says:

We neglected nothing in the Book¹

It equally means a total submission to the wills of Allah the Almighty. This submission should be a continues act until death. Allah say:

And worship your Lord until those comes to you the certainty (i.e death)²

Shari’ah has been described as “corpus Jurist in Islam” in other words it is a collection of laws³ it distinguishes between what is Halal and Haram (lawful and unlawful), as well as punishments and rewards of rightful and wrongful actions. It is a path through which mankind reaches a mutual existence with God, Himself and rest of mankind.

References