Islamic Civilization and the Role of the Judiciary in Preserving Society

Abstract

This research paper aims to examine the role of the judiciary in Islamic civilization in preserving society and combating corruption in all its forms. Adopting a historical-analytical methodology, the study addresses the Islamic judicial system through three main types: High Judiciary (Al-Qada' Al-Ali), Grievance Judiciary (Qada' Al-Mazalim), and Hisbah Judiciary (Qada' Al-Hisbah). The High Judiciary is concerned with settling disputes, enforcing rights, and implementing legal punishments (Hudud). The Grievance Judiciary focuses on overseeing the conduct of governors and redressing injustices, particularly those committed by people in authority. The Hisbah Judiciary specializes in monitoring markets, public morals, and urban affairs to ensure societal compliance with commanding right and forbidding wrong. The study concludes that the integration between these judicial bodies contributed to building a comprehensive and effective legal system. This system not only combated financial and administrative corruption but also extended to preserving faith-based and ethical values. This has gained international recognition through numerous legal conferences that affirmed the value of Islamic Sharia as a vital and evolving legislative source.