Judiciary in the era of friend .. The first judicial experience of Muslims after the Covenant of the Prophet
The era of the friend is the beginning of the Rashidi era, whose importance is evident in its connection with the Prophet's covenant and its proximity to it. The first Islamic caliph, Abu Bakr al-Siddiq, succeeded in ruling the Islamic state and managing its affairs with the support of its owners. In general, the juridical era, and the judicial aspect in particular, was an extension of the judiciary in the prophetic era, with full and complete preservation of all that has been proven in the days of the Prophet (peace and blessings of Allaah be upon him) and its strict implementation, its implementation in its text and meaning. :
- Preserve the texts of the Covenant in the judiciary, and adherence to what came in it, and walk in the knee, and continue to abide by it.
- The development of new judicial systems to consolidate the foundations of a broad Islamic state, and to cope with various developments.
The friend Abu Bakr may Allah be pleased with him spend himself if offered a judiciary, did not separate the jurisdiction of the judiciary from the general mandate in his reign, and did not have a separate independent judiciary, as was the era of the Messenger of Allah - peace be upon him - People in the vicinity of the Prophethood, taking themselves to the guidance of Islam, and their lives are based on his law, and rarely there is a rivalry between them, in the city of Abu Bakr to Omar in the judiciary, to use in some districts, but this did not give the age of independence status of the judiciary, May Allah be pleased with him most of the judges, and the governors appointed by the Messenger of Allah - peace be upon him -, SPA They are practicing the judiciary, the state, or one of them in his time.
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We recognize that the judiciary in the era of the friend was one of the pillars of the state of Islamic civilization, which established the principle of divine justice among humans in their dealings, and was the basis for the rest of the civilizations inspired by the supreme principles of Islamic rule in judicial legislation
It was Abu Bakr, may Allah be pleased with him if it was received a ruling; consider the book of God, if found in what is required; spent, if not found in the book of God, consider the year of the Messenger of Allah - peace be upon him - if found What is required of him, spent it, if he liked it; asked people: Did you know: that the Messenger of Allah - peace be upon him - spent in the judiciary, perhaps to the people, say: spend it, or so, take the death of the Messenger of Allah - Pray (Peace and blessings of Allaah be upon him). Then he says: Praise be to Allaah, who made among us a person who protects us from our Prophet, and if he does so, he should call the heads of the Muslims and their scholars, so consult them. Coordination sees Shura binding opinion met if the people of the Shura is, as it is not permissible for the imam violated.
This is what he said about him in the Judiciary. If he had met the opinion of the advisors on the matter, he should have done it. This is what Amr ibn al-'Aas ordered when Khalid bin al-Walid sent him a letter. He said to him: "Shawarham, do not contradict them." Al-Siddiq (may Allaah be pleased with him) was able to confirm the acceptance of the news. It was narrated that Qubaisah ibn Dhu'ayb said that the grandmother came to Abu Bakr to seek to inherit. He said: What I find in the Book of Allaah is something, and I did not know that the Messenger of Allaah Then he asked the people, so the jealousy said: I attended the Messenger of Allah - peace be upon him - gives her a sixth, Abu Bakr said: Is anyone with you? And saw the son of a Muslim like that, Vsnh him Abu Bakr may Allah be pleased with him. It was narrated from Abu Bakr, may Allah be pleased with him that he said: If I saw a man on the border, I did not punish him until the evidence on him, or have another witness with me .
- These are some of the judicial rulings issued in the era of Abu Bakr may Allah be pleased with him:
Case of Qassas
He said to Omar: See if he learned to make up of him, he said: Yes, Ali Bhamd, when he mentioned the size, Abu Bakr said: I heard the Messenger of Allah - Peace be upon him - says: «I gave my aunt a boy, I hope to bless her, and I intended to make him a hag, or a knife, or manufactured».
The father's expense on the child
On the authority of Qais bin Hazem said: I attended Abu Bakr, may Allah be pleased with him said to him a man: O Khalifa Messenger of Allah! This wants to take all of Mali, and sweeping, said Abu Bakr may Allah be pleased with him: but you have enough of his money, he said: O Khalifa, Messenger of Allah - peace be upon him -! Did not the Messenger of Allaah (peace and blessings of Allaah be upon him) say: "You and the owner of your father?" Abu Bakr (may Allaah be pleased with him) said: A land in which Allaah is pleased. It was narrated by others about al-Mundhir ibn Ziyad, and he said: It means alimony.
From Abu Malika from his grandfather: that a man bites the hand of a man Vndr bend (removed his age) Vahdrha Abu Bakr.
Judgment of flogging
Imam Malik narrated that Nafi 'said that Safiya bint Abi' Ubayd told him that Abu Bakr al-Siddiq came to a man who had signed a virgin woman, and then he married her. Then he confessed to adultery, and he was not immune. Abu Bakr ordered him, In a narration: that he did not flog the perpetrator, and did not deny it, because she was forced, then her husband Abu Bakr, and brought it on.
Custody of the mother unless she marries
Omar ibn al-Khattab divorced his Ansarian wife or his son Assem, and her brother carried him with a needle. He let him take a nap. He walked and took his hands to take him away. He took it to him until he hurt the boy and cried. He said: I am more deserving of my son than you. So he took it to Abu Bakr, and he decreed it for her. He said: Her wind, and her stone, and her brushes are better for him than you, and he chooses for himself. In a novel: she is gentler, gentler, more compassionate, more compassionate, and compassionate, and is more deserving of her son than she is married.
The judiciary was distinguished during the era of the friend, among other things:
Hence, we recognize that the judiciary in the era of the friend was one of the pillars of the state of Islamic civilization, which established the principle of divine justice among humans in their dealings, and was the basis for the rest of the civilizations inspired by the supreme principles of Islamic rule in the judicial legislation, there is no fear of this civilization as it does not differentiate between The contestants on the basis of sex, color or religion, no doubt that this is to cut us any doubt, and refutes to us all the suspicions have been said or argued against this ancient civilization.
Dr.. Ali Mohammed Mohammed Al-Salabi, Annunciation and raising the narrowness in the biography of Abu Bakr, his character and age, Dar Ibn Katheer, Damascus, p. P. (146: 149).
Shams al-Din al-Zahabi, memorization ticket, Dar al-Kuttab al-Sulti, Beirut, 1, 1998, (1/2).
Dr.. Sobhi Mahmassani, The Legacy of the Islamic Caliphs, Dar al-Ilm for millions, Beirut, 1, 1984, p. 186.
Abd al-Razzaq al-Sannani, Scientific Research Council, India, Islamic Bureau, Beirut, 2, 1403, No. 12796, No. 12601, No. 12600.
Malik bin Anas, Al-Mouta, Dar Al-Arabiya Heritage, Beirut, 1406 AH / 1985, No. (848).
Dr.. Muhammad al-Zuhaili, History of the Judiciary in Islam, Contemporary Thought House, Beirut, Dar al-Fikr, Damascus, 1, 1415 AH / 1995, pp. 83-84-134- 137-157-158.
Dr.. Muhammad Rawas Qalaji, Encyclopedia of the jurisprudence of Abu Bakr al-Siddiq, Dar al-Nafas, I 2, 1415 AH / 1994, p. 155- 156.
Proceedings of the Symposium on Islamic Systems, Abu Dhabi, 1405 AH / 1984, Bureau of Arab Education for the Gulf States, Riyadh, 1987, 1/366 - 390.