العدل بين المتخاصمين في القضاء : دراسة تاريخية فقهية

Abstract EN

The history of our Islamic nation is full of wonderful examples of justice between the litigants, that is because one of bases of the Islamic religion and one of the most important goals it is to bring justice to humanity, and treat all humans equally, no matter what contrasts the litigants have, such as: honor, class, power, wealth and ethnicity.

The preceding scholars and judges – who are definitely preceded by the greatest prophet Muhammad (peace be upon him) – explained the subject of justice between the litigants in the judiciary in thorough details such as: how they are received, how they should sit before the judge, how to reply to their greeting, or how to look at them and the type of speech they should get, and ensuring that no one should feel that he is being favoured before the judge’s eye, nor the rich should hope for the judge’s preference nor the poor should give up on the judge’s justice.

Many pages of our bright history are filled with stories of good judges under the Islamic state.

One of the features of our Islamic nation is the justice in judiciary, so that the oppressed peoples under the infidel states looked at the Muslim conquerors as rescuers from their unjust rulers.

And the weakness and injustice that happened in some periods of the history of our Islamic nation by some rulers and governors do not represent Islam, but it is just a bad application of the teachings of Islam in some of its periods.