Q. & A. 711 to 1707 with solved Papers css 1971 to date

The Sadaqah, or Alms-tax
The Sadaqah came from two different sources:
(1) From property the value of which was not disclosed by the owner and which was used for charities nominated by the giver.
(2) From property definitely declared, e.g., agricultural Lands, fruit trees, cattle, and golden ornaments.
STATE ORGANIZATION The Rule of Law
The Arab chroniclers usually describe the judicial administration of Abu Bakr (Rad.A) as ”The Rule of Law”, a phrase which sounds modern to our ears probably borrowed from those early times. The reign of Abu Bakr (Rad.A) saw the establishment of the principles of legality and impartiality-i.e. the people began to be governed, not by the arbitrary will of an individual, but by the law and by a law that was applicable to everyone irrespective of rank or wealth or official status. The application of the law of Islam was an assurance for the people that the courts were there to protect them and the judges who were the custodians of justice, performed their judicial functions without any pressure from outside or above. No interference was ever made by the State with regard to the rights of private citizens and any aggrieved person whether Muslim «r nonMuslim could have recourse to the courts for settlement of disputes ^o single instance is to be found where the executive encroached

214 Political and Cultural History of Islam

upon the authority of the judiciary and many cases are cited of Amils and Ameers being tried by ordinary judges even when the complainants were non-Muslims
To us moderners there appears nothing unusual in this but in those early days such an equitable legal system represented an important stage in the development of legal morality and a considerable advance on the European States of those times, where the clergy and the nobility were exempted from the jurisdiction of ordinary laws in ordinary courts and where under the Feudal System, the poor received scant justice at the manorial courts established by the landlords. In the face of such comparison the Muslims of today may well look back with pride to the days of Abu Bakr (Rad.A) and to the origin of their legal system. The Origin of the Judiciary and the Duties of a Qazi
The founder of the judiciary in Islam was the Holy Prophet and he appointed Ali (Rad.A) as his first Qazi. This was during the ministry at Medina and Ali (Rad.A) served at Yaman. To become a Qazi a man had to be of irreproachable character and there were clear-cut rules governing his conduct, of which some of the most important were:
(1) A Qazi should be impartial and honest so that he might administer the law equitably.
(2) A Qazi should not be of an irascible temper but should be moderate, well-balanced and patient.
(3) The burden of proof should lie \\ith the plaintiff.
(4) Should the defendant be unable to produce evidence his affidavit should be considered admissible.
(5) The contending parties could always compound their disputes except in offences committed against Qur’anic laws.
(6) A Qazi even after having delivered his verdict could reconsider his decision.
(7) Cases should as far as possible be decided at one sitting.
(8) Should the defendant riot appear in court on the date of the hearing, the case would be decided ex-parte against him.
(9) Every Muslim was eligible to give evidence save those who -e had previously been convicted or those who had previously
given false evidence or against whom perjury had been established.’,
Hazrat Abu Bakr (Rad. A.) 215