ভূমিকা

Shiavault - a Vault of Shia Islamic Books The Islamic System of Judiciary in the Qur'an The Criterion For the Judiciary It has been explained in the previous section that judiciary is necessary for safeguarding social system and to curb unruly behaviour. In this section we will discuss its criterion.

It may appear at first that the human intellect can independently discover these rules and that its range covers what the thinking man attains through his judgement without resorting to heavenly scriptures and, in fact, without needing them at all. However, a deep study of the evidence for the necessity of judiciary shows that the human intellect is insufficient for it and is incapable of determining the criterion for judiciary and defining its scope.

This is because the views of one person-as has been mentioned are not all in agreement with those of other people. Each person considers his ideas to be right and regards other people's ideas as misconceptions. He imagines that hg views are appropriate and would benefit mankind, while the ideas of others are inadequate and harmful. Thus ensue the intellectual arguments and the academic debates and discussions.

In addition to this, everyone is naturally disposed to put one's interests and those of one's group and family above those of others, regarding them to be better entitled than others. This would have great consequences for the method of laying down and applying the law. The following conclusions can be derived from the above discussion: The need to remove disagreements and solve disputes makes the existence of a judiciary necessary.

The human intellect is not adequate to provide felicity to human society on its own. On the contrary, it is the light that illuminates the way-the way indicated by divine revelation-and guides those who follow it to the desired goal. If the human mind-because of its intellectual inadequacy and its being infested by questionable motives-is inadequate in determining the criterion for judiciary, then an inquiry should be made into what the perfect standard for judgement between people should be.

This may be done by looking at two points: Firstly, the inability of human thought and its failure to offer the judicial standard. Secondly, the genius of divine revelation and its competence in determining the judicial system, since it has been derived from the Unseen and transcends the natural laws, as we will see, God willing.