Letter of Hazrat Umar to Abu Musa Ashari:At various times, Abu Musa Ashari was governor of Kufa and Basra. He was the first appointed caliph of Basra after conquering Persian Empire. In one famous epistle of Umar bin Khattab (R.A) to Abu Musa Ashari, Hazrat Umar stressed the mechanism of justice provided to the masses and the appointment of new judges. He starts his letter with advice about the importance of justice in Islam and establishes that “Qaeda” is a firm obligation. Then he guides to understand the issue brought forward in the best possible way to issue a just verdict. Another beautiful point raised was about equal treatment of both the conflicting parties. Any gesture from the judge must not reflect the biases of the judge. One significant rule followed in international and domestic law was inscribed by him, too; the burden of the proof lies on plan tiff while the obligation of the oath is on the defendant and respondent. He said that reconciliation is allowed between Muslims but only when reconciliation does not promote crime or inhibit a halal act.
Unique Law about Judgment: From The Letter Of Hazrat Umar Farooz R.AModern-day judicial settlements follow the doctrine of precedent, res judicata, estoppel. However, the letter of Hazrat Umar Farooq established a unique law of estoppel. It said that any judgment must not deter the judge from reviewing based on rationality and reasoning. To revise a decision for upholding truth is much better than letting the null and void continue. Unlike modern-day justice, the judge was advised to be perceptive, solely relying on “witness and evidence” but not the truth. However, the judgment must be strictly in line with the guidance provided by Quran and Sunnah. Though a judge was allowed to use his senses and perception in a case where direct rulings from the Quran and Sunnah unavailable, but the final check of coherence with Islamic principles was a must for every decision. In a letter of Hazrat Umer, Malik Ashtar has advised to set up a deadline for a complainant to produce evidence. The wisdom behind this order was to deliver timely justice. The letter also mentioned some rules regarding witnesses. However, Hazrat Umar advised acting justly for all. But he instructed to examine the quality of the witness. A person convicted of “hadd” or has been found guilty of false witness previously or serves personal interests of relatives and friends would not be trusted as a witness. Lastly, he advised the chief, judge, governor, or the person in command to be aware of his activities. He must not get angry or annoyed while providing justice to people. Since providing justice is one of the holy acts. A person faithful in his adjudication will get the highest rewards from ALLAH subhana hu wa tala in both worlds.
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