Kadi - Spiritual Judges of Muslims

The judge of Muslims, who carries out judicial proceedings according to Sharia, is called kadi. In the Middle Ages, the person holding this post, cared for orphans, appointed guardians, replaced the notary, and also monitored the execution of sentences that were pronounced in both civil and criminal cases.

The spiritual judges of the Muslims somewhat lost their functions in the nineteenth and early twentieth centuries. This happened in connection with the development of a new secular court. The functions of kadi became limited to settling disputes on religious, family and sometimes hereditary law.

The spiritual judges of the Muslims of Egypt, Turkey and Tunisia were abolished in connection with the liquidation of the Shariah court.

Early Islam

During this period, a harmonious system of legal proceedings has not yet been worked out. Theoretically everything was done in the name of Allah. In practice, all disputes were considered by Mohammed. He was the only spiritual judge of the Muslims. The Prophet did not practice appointing to positions that would have to perform judicial functions. Muhammad personally considered all disputes that arose both between Muslims and between them and people of a different faith.

Righteous Caliphs (632-661 gg.) Relied on the solution of disputes on the Koran. Thus, the justice system remained without any significant changes. In the event that the views of the Prophet and his predecessors on any issue were not, the Caliphs conferred with their companions. At the same time, new rules were formulated.

The Caliphs held the post of supreme judge. At the same time, most of the cases on their behalf were considered by the governors. And they, in turn, partially delegated judicial functions to individual representatives of the clergy, who had a great mastery of Islamic law. Over time, these people began to conduct business professionally. So spiritual judges appeared among Muslims - Qadi.

The justice system of the Abbasids

In the period 750-1258 years. In the Caliphate, the post of kadi-al-kutata became very important. This supreme judge had special duties. Spiritual judges from Muslims were selected by them. The Supreme Kadi also controlled their activities. He examined applicants for knowledge of Islamic law before they assumed office.

At that time, judges lacked an effective enforcement machinery. It depended on the consent of the governor and the shurta (police). If the caliph of the decision of the qadi was not recognized, then the judge had to resign. Often there were situations when the qadi could not resist the arbitrariness of officials. And then many appealed to the Caliph. The ruler gradually began to assign this function to specially selected judges. So there was an independent "Office of Complaints".

Who had the right to be a qadi

Spiritual judges were elected from the number of adult Muslims who were free from slavery, fair, sensible and did not have any physical disabilities. Kadi strictly adhered to the moral and religious precepts of Islam. At the same time, they had a high degree of knowledge of the Arabic language. Kadi received from the Caliph a diploma, which was announced in the mosques of his district.

Duties

Spiritual judges had moving limits of jurisprudence. Initially, they were allowed to consider only family and civil disputes. With the passage of time, the responsibilities entrusted increased significantly. Kadi began to consider disputes of all kinds. It could be the protection of reputation and the requirements for dishonest debtors, the definition of a crime connected with robbery and theft, adultery, etc. The competence of the kadi included the resolution of questions of faith. They guarded its foundations, announced the beginning of Ramadan, appointed imams and muftis of the mosque. At the same time, the spiritual judge oversaw the execution of his decisions, formalized both marriages and divorces, and oversaw the prisons.

What was forbidden by the qadi

The spiritual judge of the Muslims did not have the right to accept gifts from people. If this happened, then he had to hand them over to the common treasury. It was forbidden for the kadi to consider a matter that concerned his or his relatives directly. He was not allowed to conduct a trial if he was distracted by hunger or illness, drowsiness or sadness, heat or cold.

Sources of law

In the consideration of the case, the kadi was obliged to follow the Muslim holy book - the Koran, in which I preach and the speeches of Muhammad. If nothing was said about the decision of any particular case, then the Qadi took the Sunnah. This book is a collection of sacred traditions that tell about the life and behavior of the Prophet. In the absence of an answer and in it the judge had to turn to sources that had been developed in law schools.

The case was always heard in the presence of two parties. At the same time the kadi was obliged to meet equally, and also to seat those who led the litigation. Only after that, the plaintiff stated the claim. After listening to it, the qadi asked the respondent to acknowledge the validity of the claims. It happened, then the business stopped. The case was won by the plaintiff also in the event that he could produce evidence. Otherwise, the defendant should have sworn in his righteousness.