Mentioning about a couple of instances...

Mentioning about a couple of instances, that are an infinitesimal part of innumerable such instances, it has to be accepted that the eyes of `Ali (a.s) used to be focused on the requirements of justice and even minute aspects did not escape his attention. In the events narrated here, it has certainly become evident that he did not like welcoming one contestant to the hearing and neglecting the other, or addressing one with more respect than the other.

Such intricacies will be noted by a person who keeps intently focused on the details of the matter. He made the Judges understand that although what they did was not very important but the attitude might reflect the possibility of bias creeping into their verdict. Will there be any person in this world who would object being addressed with due respect, when he is certainly deserving of all respect!

But the Imam’s sense of justice was such that he felt that there was an element of bias when the other party and he were addressed in a different way. These days we hear a lot that the judiciary must be free of extraneous pressures so that it did not become an instrument in the hands of the establishment and instead of protecting the public interest, it starts serving the functionaries of the state. No doubt, to this extent the independence of the judiciary is very essential.

The judiciary is the institution for the translation of the laws and statutes into practice and the laws are not restricted to the people but also the state is subservient to them. But this does not mean that the judiciary is given total liberty to act as it wished. There must be someone to review the functions of the judiciary. It is the responsibility of a just establishment to evaluate the judgments of the department of justice and review the decisions wherever necessary.

Therefore, Amir al-Mu’minin (a.s) made it mandatory for the judiciary to communicate the verdict on important cases to him for review before they were pronounced. The author of Wasa’il al-Shi`ah writes that the Imam (a.s) told the Shurayh the judge: “Beware!

Do not pass any verdict on cases of qisas or the matters requiring Divine Justice and about the Rights of the Muslims before referring them to me.”[1] As far as freedom to the judiciary in the ordinary cases was concerned, he stressed on the qadis to practice the utmost equity and fairness in their verdicts. He was very particular of the judges not favoring anyone, however important he might be.