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Jurisdiction independence of Imam Ali(phuh) | ||
| Ahl Al-Bait Jurnal | ||
| Article 1, Volume 1, Issue 17, 2015, Pages 6-15 | ||
| Author | ||
| Dr.Mohssin Baker Al-Qazwini | ||
| Abstract | ||
| Abstract The independence of the judiciary is the most important indicator of the rational state which has justice، stability and welfare. By contrast، the states whose judiciary is subject to the ruler's scepter are characterized by backwardness، failure and non-security and non-stability. Many view that the independence of judiciary comes out of the European thought's imagination. It starts with the Essence of Laws by Montesquieu which contributes to establishing the modern state in Europe، while the provisions and practical experiences confirm that Islam is the first to formulate this idea. Imam Ali (the Commander of the Faithful) represents the pioneer of the independence of judiciary through in his epistle to Malik AL-Ashter and through his practice in governance. The research sheds light on this idea to prove that the independence of judiciary is an Islamic principle and constitutes part of the original Islamic thought. | ||
| Keywords | ||
| Imam Ali; Nahjolbalagha | ||
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