Islam Justice System

Islam #3
Name
Course
Tutor
Date
Based on the readings of Week 7, I agree that indeed the Kadi-Justice system was a concrete example of a non-rational ad-hoc system. It is no argument that the justice system in the pre-modern Islamic world was very well organized. From the presence of judges (Kadis) to that of a designated Court Process-Server (muhdir), the system was designed to ensure that justice was served efficiently, and as quickly as possible. This was a sizeable plus for the system, but it is a glaring reality that this system was indeed non-rational and that it did not employ deliberative methods in determining justice.[Akgündüz, Ahmed. "Shari'ah courts and Shari'ah records: The application of Islamic Law in the Ottoman State." Islamic Law and Society 16, no. 2 (2009): 202-230.]
I believe the greatest problem in the pre-modern Islamic world was the strict observance of Sharia Law. While it may have worked in some instances, it terribly failed in others for a number of reasons. First, it was not open to diverse interpretation, and as such all cases having a common denominator could be decided in the same manner. This inevitably makes it difficult to be fair and just in all the rulings the Kadis made. Secondly, the fact that the law is divinely based on the religion of Islam and the Quran makes it difficult to apply and implement some of the laws in a secular setting. It is acknowledged that while the Kadis relied on the Sharia Law to base their rulings, in cases where the Law was not explicitly clear on the matter before court, they relied on their personal opinion to make the final decision. This reliance on personal opinion was a key failure of the pre-modern world’s Islamic justice system since it allowed personal opinions and judgments to determine cases in certain situations, as opposed to a concrete and deliberative method.[Çaha, Ömer. "Islam and Democracy: A Theoretical Discussion on the Compatibility of Islam and Democracy." Alternatives: Turkish Journal of International Relations 2, no. 3-4 (2003): 106-134.] [Akgündüz...