judge the Muslims who carries out the proceedings in accordance with the Shariah, called Cadi.In the Middle Ages people, the incumbent, took care of orphans, they appointed guardians replaced notary, as well as allowing the execution of sentences that have been handed down in both civil and criminal cases.
Spiritual judge Muslims some lost their function in the nineteenth and early twentieth century.This occurred in connection with the development of a new secular court.Options Qadi became limited to resolving disputes on religious, family and inheritance law sometimes.
Spiritual judge the Muslims of Egypt, Turkey and Tunisia were eliminated in connection with the liquidation of the sharia court.
Early Islam
During this period a coherent system of justice has not yet been worked out.Theoretically, all the vertices the name of Allah.In practice, all the disputes dealt with Mohammed.He was the only judge of the spiritual Muslims.The Prophet did not practice appointment, which would have to perform judicial functions.Muhammad personally examined all the disputes that have arisen both between Muslims, so between them and the people of other faiths.
righteous caliphs (632-661.) Is based in resolving disputes on the Koran.Thus, the system of justice remained without any significant changes.In the event that the opinions of the Prophet and predecessors on any issue was not caliphs conferred with his companions.This was accompanied by the formulation of new rules.
Khalifa held the post of Chief Justice.The majority of cases on their behalf governors considered.And they, in turn, partly delegate judicial functions separate members of the clergy, who owned the great Islamic law.Over time, these people have to deal professionally.And there were the spiritual judge Muslims - Cadi.
justice system under the Abbasids
Between 750-1258 years.in the Caliphate became more important to have a post-Qadi al-Kudat.This supreme judge had special responsibilities.Spiritual judge Muslims chosen them.Supreme Qadi also monitor their activities.He examiner applicants for knowledge of Islamic law to their accession to the post.
At the time of the judges there was no effective enforcement apparatus of punishment.It depended on the consent of the governor and Schurti (police).When Caliph solutions Qadi was not recognized, then the judge should resign.Often there is a situation when the Qadi could not resist the arbitrariness of officials.And while many complained to the Caliph.Ruler gradually began to impose this feature on a specially selected judges.So there was an independent "Office of complaints."
Who had the right to be a qadi
Spiritual judges elected from among the adult Muslims, who were free from slavery, justice, zdravomyslyaschi and did not have any physical disabilities.Kadi strictly adhere to moral and religious precepts of Islam.However, they had a high degree of knowledge of the Arabic language.Kadi received a diploma from the Caliph, who filled the mosques in his district.
Responsibilities
spiritual judges have been moving beyond the law.Initially, they were allowed to consider only family and civil disputes.Over time, the assigned responsibilities have increased significantly.Cady began to consider disputes of all kinds.It could be the protection of the reputation and the requirements for unscrupulous debtors, the definition of the crime of robbery and theft, adultery, and so on. D. The competence of the Cadi and included issues of faith.They protected its foundations, announces the beginning of Ramadan, appointed imams and muftis mosque.At the same time the spiritual judge supervises the execution of the decisions they made and designed as marriages and divorces, as well as supervised the prisons.
What was forbidden Cadi
spiritual judge Muslims had no right to accept gifts from people.If that happened, he had to surrender them to the general treasury.Qadi was forbidden to hear the case, which relates directly to him or his relatives.He was not allowed to pursue a lawsuit if it was distracting hunger or sickness, drowsiness, or sorrow, heat and cold.
Sources of law
In proceedings before the qadi had guided the Muslims holy book - the Koran, containing sermons and speeches of Mohammed.If the decision of anyone particular case it did not say anything, the qadi took the Sunnah.This book - a collection of sacred traditions that tell of the existence and behavior of the Prophet.In the absence of a response, and it was the judge should refer to the sources that have been developed in the legal schools.
thing always heard in the presence of the two parties.This Cadi had to meet the same and sit those who led the battle.Only then he expounded the plaintiff claim.After listening to him, Cadi recognize the validity of the proposed respondent claims.It is happening, the case was closed.Case won the plaintiff in the case, when he could present evidence.Otherwise, the defendant had to swear that he was right.
