A head judge will be appointed by the Khaleefah to whom the Khaleefah could delegate the power to appoint the remaining judges in the judiciary.
a. SPECIALISED JUDICIARY
The head judge will then appoint the following 3 categories of judges ‐ retraining existing judges as appropriate:
1. Judges (Qadi) ‐ dealing with everyday crimes and disputes in contrast to the specialist judges.
2. Public interest judges (Hisba) ‐ dealing with trading standards, commerce and other public interests such as the safety of traded goods or working conditions.
3. Ruling impropriety judges (Madhalim) – investigating, accounting and prosecuting members of the executive and the civil service as well as investigating decisions made by them.
The Shari'ah defines the classes of transgression. It also determines the categories of punishment for each class. It determines the range of judicial discretion in fixing the nature of the punishment. It also determines the court process itself. There is little scope to subvert due process.
The Shari'ah mandates swift justice with a presiding judge with as many advisors as he deems sufficient. The Shari'ah precludes the idea of a jury: the arbitrary and potential prejudiced views of random members of the public have no role in determining the guilt or otherwise of the individual; furthermore the Shari'ah has a vast range of mechanisms to prevent both executive and judicial injustice. Judges will be kept under scrutiny by a specific set of officials working for the Madhalim (ruling impropriety) department. Incompetence or corruption can result in summary dismissal. Miscarriages of justice will be referred to the Madhalim judges and will be speedily addressed. Plaintiff and defendant will be assisted by legal professionals in presenting their arguments, however the culture of exploitation of loopholes in legal interpretation and process will be eradicated. The politicisation and commercialisation of justice will be stopped and rolled back.
b. DEDICATED COURTS FOR IMPROPRIETY IN RULING
The Khaleefah, all governors and indeed all officials in a ruling position and all ruling decisions will be subject to scrutiny by the Madhalim court ‐a body setup to scrutinise injustice in ruling.
This court will proactively monitor and account ALL personnel in executive positions and their decisions, in addition to responding to citizens’ complaints.
It has extensive powers of dismissal up to and including the Khaleefah himself. The Khaleefah appoints the head of the court but cannot dismiss the judge if he is presiding over a trial where the Khaleefah himself is accused.
The Madhalim court body will be empowered with sufficient personnel and resources to effectively carry out this crucial job. This includes access to executive records, an investigative staff and all other resources necessary to make it extremely difficult for the executive to abuse its power.
c. NO PUNISHMENT WITHOUT A JUDGES DECISION
There is no punishment without a judge assessing the situation and making a decision. This applies to all 3 categories of judges. No citizen is permitted to dispense justice arbitrarily.
d. NO ONE IS ABOVE THE LAW
There is no immunity from prosecution for any citizen of the State, whether civilian or military. The executive, including the Khaleefah, enjoys absolutely no immunity from prosecution. There is no concept of pardon by the executive.
e. NO TORTURE/ARBITRARY DETENTION
Torture and arbitrary detention are absolutely forbidden by the Shari'ah. The executive, the army, the police or the intelligence services are not permitted under any circumstances to employ these means and no executive decision can circumvent these restrictions.
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