The Khaleefah Constitution:

The Judicial System

Article 66 Judgement constitutes the obligatory pronouncement of the divine rule. It settles the disputes among people, prevents that which harms the community’s rights and eliminates the disputes arising between people and members of the ruling system - rulers and employees - including the Khaleefah and those of lesser rank.

Article 67 The Khaleefah is to appoint a chief judge authorised to appoint, discipline, and dismiss judges within the regulations of the administration. The chief judge must be a mature Muslim male who is sane, just and a jurist. The remaining employees of the courts come under the domain of the directorate that administers the court affairs.

Article 68 There are three types of judges. They are: 1. The judge who settles the disputes among people in transactions and punishments; 2. The muhtasib who judges upon violations of the community’s rights; and 3. The judge of the Court for the Unjust Acts (mahkamat ul-madhalim) who settles disputes between people and officials of the State.

Article 69 All judges must be qualified by being Muslim, mature, free, sane, just, and a jurist being aware of how to apply rules in a situation. Judges of the Court for the Unjust Acts must additionally be qualified with being male and a mujtahid, i.e., a person capable of making ijtihad.

Article 70 The judge and the muhtasib may be given a general appointment to pronounce judgement on all problems throughout the State, or alternatively they can be given an appointment to a particular location and to give judgement on particular cases. On the other hand, the judge of the Court for the Unjust Acts must be given a general appointment to pronounce judgement on all problems, but in terms of location he may be appointed to a particular location or all over the State.

Article 71 The courts should be comprised of only one judge who has the authority to pronounce judgement. But one or more judges are permitted to accompany him with only the authority of advising and assisting. They have no authority to pronounce judgement and their opinion is not binding on the judge who has the sole authority to give judgement.

Article 72 The judge cannot pronounce judgement except in a court session. Evidence and oaths are not considered except in a court session as well.

Article 73 It is permissible to vary the grades of courts in respect to the type of cases. Some judges may thus be assigned to certain cases of particular grades, and other courts authorised to judge the other cases.

Article 74 There are no courts of appeal or annulment, because all judgements are of equal standing. Thus, when the judge has pronounced the verdict it becomes effective and no other judge’s decision can overturn it.

Article 75 The muhtasib is the judge who investigates all cases, in the absence of an individual litigation, involving the rights of the public that are non-criminal and not involving the hudud (i.e., the punishments.)

Article 76 The muhtasib has the authority to judge upon violations, wherever the location. He acquires knowledge of these violations without the need to hold a court session. A number of policemen are put at the muhtasib’s disposal to carry out his orders and to execute his judgements immediately.

Article 77 The muhtasib has the right to appoint deputies to himself, that possess the same qualifications as the muhtasib, and to assign them to various locations where they practice with the same authority as the muhtasib in the location in the cases assigned to them.

Article 78 The judge of the Court for the Unjust Acts is appointed to remove all unjust acts, committed by the Khaleefah, governor(s), or any official of the State, that have been inflicted upon anyone - whether that person is a citizen or not - living in the domain of the State.

Article 79 Judges in the Court for the Act of Injustice are appointed by the Khaleefah and the chief judge. However, neither the Khaleefah nor the chief judge has the right to dismiss them. Their performance is controlled by the Court for the Unjust Acts and it alone is responsible for taking them to task.

Article 80 There is no limit on the number of judges that can be appointed to the Court for the Unjust Acts. The Khaleefah can appoint as many as he may deem necessary to eradicate the unjust acts. Although it is permitted for more than one judge to sit in a court session, only one judge has the authority to pronounce a judgement. The other judges only assist and provide advice, and their advice is not binding on the judge authorised to pronounce the judgement.

Article 81 The Court for the Unjust Acts has the authority to dismiss any ruler, governor and official of the State, including the Khaleefah.

Article 82 The Court for the Unjust Acts has the authority to investigate any case of iniquity, whether it be connected with officials of the State, the Khaleefah’s deviation from the divine rules, interpretation of the legislative texts in the constitution, canons and divine rules within the framework adopted by the Khaleefah, the imposition of a tax, etc.

Article 83 The judicature of the Unjust Acts is not restricted by a court session or the request of the defendant or the presence of the plaintiff. It has the authority to look into any case of injustice even if there is no plaintiff.

Article 84 Everyone, both defendant and plaintiff, has the right to appoint a proxy, whether male or female, Muslim or not, to act on his/her behalf. There is no distinction between him/her and the proxy. The proxy has the right to be appointed on a salary according to the terms agreed upon between the person and his or her proxy.

Article 85 It is permitted for the one who holds office, such as the Khaleefah, wali, official, muhtasib and judge of the Court for the Unjust Acts, or persons who have been vested with a specific responsibility, like a custodian or guardian, to appoint a person to his position as a proxy - within the bounds of his authority - for the purpose of appearing on his/her behalf as the plaintiff or defendant, and for no other reason.