Judicial Integrity in Islamic Shari'a Sources

Document Type : Original Article

Author

Vice President of the Court of Cassation in Egypt

Abstract

This study provides reflections on Sharí‘ah sources and the notion of ‘integrity’ in justice and explores the influence of Islamic Sharí‘ah on the legal system and the judicial function. It examines Sharí‘ah sources and their provisions on judicial ethics, which place integrity as the core legal requirement for serving as a judge.
Further, it establishes that the concept of ‘integrity’ consists of a combination of values intrinsic in a person’s character. In doing so, it introduces the basic Sharí‘ah concepts that govern judicial integrity, by relying on different Sharí‘ah sources, especially, Adab Al-Aāḍī. It also explores the qualities of judges required in the Messages on the Judiciary of the two guided Caliphs Umar Ibn Al-Khaṭṭáb and Alī Ibn Abī Ṭāleb. In an effort to contribute to the consolidation of the concept in the international justice system.
It affirms that integrity is essential to the proper administration of justice and that Sharí‘ah provisions adopt a high standard approach to judicial integrity and considers it as a moral value and a legal requirement for the discharge of the judicial function. It argues that a judicial system that operates without regard to professional ethics standards cannot build and retain public trust in the fairness and objectivity of its decisions and outcomes.
It concludes that the Sharí‘ah standards on integrity, which are spread out in its sources, could assist in developing a model code of judicial conduct that can help reinforce judicial ethical standards and create a culture of integrity in relevant judicial systems.

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