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



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Judiciary
The judicial functions were entrusted to Qazis (judges). A Qazi was completely free of executive administration On a number of occasions the Khalifah (Hazrat Umar) himself appeared before a Qazi to defend himself in some cases. The provincial Qa/is were completely independent of the provincial governors. The Qazis were paid good salaries so that there might not be even a slightest chance of bribery. The monthly salary of Qazis like Hazrat Salman, Rabi’ah and Shuraih (Rad.A) were 500 Dirhams. The monthly salary of Hazrat Amir Mu’awiya (Rad.A) was 1000 Dirhams. ”Umar (Rad.A) was the first ruler in Islam’” says Ameer Ali, ”to fix salaries for judges and to make theit offices distinct from the executive officers.”
In a number of books like ”Tabqat-ul-Fuqaha”, and ”Mawardi” an ordinance sent by Umar (Rad.A) to various Qazis is quoted. ”It is essential for a ”Qazi to be just in his decisions and should not give any preference to the persons considered eminent in the society. The complainants should produce proof in support of their case while the defendants are allowed to take an oath (depending upon the nature of the cas*-)-
Agreement between the tw > parties is permissible except when such agreement makes unlawful act lawful or a lawful act unlawful. If truth is known after a decision has been given, you are allowed to reconsider the case and change the decision. When you do not tind guidance in the Holy Qur an or in the Ahadith for decision of a case ponder over it (on the basis of the broader principles of Shari’ah i.e. Divine Law) and search foi its solution in the light of past decisions given by the righteous predecessors. (In the case you do not get the solution in past decisions), ’hen apply your own mind (i.c do Ijitihad or Qiyas based upon the Holy Qu»Jah and the Sunnah (i.e. the practices of the Holy Prophet”.
The Qazis appointed by Hazrat I..mar (Rad.A) among the most pious, truth fui and trustwurthy Muslims of his period. Besides bein^ pious, they were also ^reat junscs and scholars. The Qazi of Medina was Hazrat Zaid bin Thabet (the scribe of Wahy” Revelation). There were two Qazis at Kufa, Hazrat Abdullah bin Masud and Hail at Shut ah (Rad.A) other Qazis during the Caliphate of Hazrat Utnar (Rad.A) wetc: Salman bin Rabi; Abdur Rahman bin Rabi. fmran bin Hasin, Abu Maryam, and Jamil bin al-Umar etc. (Rad.A).

250
Political and Cultural History of Islam


Hazrat Umar (Rad. A.)
251
Since Hazrat Umar (Rad.A) was also a jurist, he also held courts, and sometimes as the court of appeal in a position which could be described as the chief justice now-a-days. Once he inflicted the Sharia punishment of eighty lashes for drinking on his own son Abu Sahmah which resulted in his death on the spot. There are a number of other examples which show the Islamic justice prevailing at the time. Muslims and non-Muslims both were equal before his justice. Once a Muslim killed a Christian, Hazrat Umar (Rad.A) inflicted capital punishment upon him. Department of Education
Hazrat Umar (Rad.A) took special interest in imparting Islamic knowledge to the Muslims. The Holy Qur’an was compiled in a Book form during the period of Hazrat Abu Bakr (Rad.A) on Umar’s (Rad.A) insistence. He established schools for teaching the Holy Qur’an in all the conquered territories. Such schools were located in the M” jids. A number of writers like Ibn-i-Jauzi have mentioned that the teachers of such schools received good salaries. Besides teaching the Holy Qur’an they also trained the people in reading and writing. The Huffaz (i.e. the Muslims’who commit whole of the Holy Quian to their memory were specially honoured. In the provinces of Syria and Palestine following teachers were appointed: ’Ubadah bin Samit, Mu’adh bin Jabal and Abu Darda (Rad.A). They established schools in Hims, Palestine and Damascus. Police Department and Institution of Prisons
To kee.p order inside the state, a police force was necessary. Hazrat Umar (Rad.A) was the first Muslim Head of State who established the Police Department. The police force at the time was known as ”Ahdath” and the police officer as the ”Sahibul Ahdath”’ Hazrat Abu Hurairah (Rad.A) was appointed as the ”Sahibul Ahdath” for Bahrain. When he was going to take charge of his duty, Hazrat Umar (Rad.A) gave him the following instructions. ”Keep peace in the area. Let not the people contravene law. They should not measure cr weigh incorrectly. Nobody should build any house on roads so as to hinder the passage. No one should over-load animal. Nobody is allowed to sell or buy liquor”. There was no jail in Arabia before Hazrat Umar (Rad.A). He bought five houses in Makkah and used them as prisons. He also set up jails in some districts of various provinces The punishment of exile was for the first time introduced by Hazrat Umar (Rad.A). He exiled Abu Mihjan Thaqafi to an Island as puni >hinent for drinking liquor.
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