They should be only such persons who may not be swayed with flattery...
They should be only such persons who may not be swayed with flattery, although such people are rare in the society and are difficult to be found. Mistakes in Judgements In case someone is put to death as a result of a mistake in judgement which is beyond the control of the judge such as on the basis of witnesses, the compensation money would be paid from the Government Exchequer (Baitul Mal). Justice and Generosity Mercy is a good.
thing, but justice is, however, better and should never be given up, that is, justice should not be sacrificed for mercy. The Holy Quran and the Traditions The Quranic commandments must be followed in each case but where explanation is required, traditions of the Holy Prophet (S) should invariably be referred to, because without referring to the traditions it is at times impossible to arrive at a correct decision.
Besides, the carrying out of religious obligations without referring to traditions would not be possible through the Holy Quran only, which lays down only principles for the Holy Prophet (S). As for example, there is no mention of the number of Raka'at of the Namaz and the detailed Masails (Rules) of the performance of Haj etc. in the Holy Quran.
In Case of a Zindiq The case of a Zindiq (one who argues against the Quranic commandments and the religious law) should be decided on the statements of two male prosecution witnesses who are pious and of proved good character notwithstanding a thousand defence witnesses of his class (Zindiq).
If a Judge Himself is an Eye-witness Even if a judge himself is an eye-witness in a case of adultery his witness is not acceptable, because in such cases at least four witnesses are required according to the provisions of law. Discretion In case of the use of discretion (in some case) the path to be adopted should be the one which is most truthful and most just and satisfying to the general policy.
Orders of Punishment Should not be Executed on the Lands of the Enemy Orders of punshment should not be executed within the boundaries of lands possessed by an enemy, lest the accused should run to the enemy's camp for shelter and then fight on his behalf against our country in any way. Previous…