A Muslim judge who administers according to Sharia is called Qadi. In the Middle Ages, a person holding this position took care of orphans, appointed them guardians, replaced a notary public, and also monitored the execution of sentences that were imposed in both civil and criminal cases.
Muslim spiritual judges 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 the Kadi began to be limited to resolving disputes in religious, family, and sometimes inheritance law.
The spiritual judges of the Muslims of Egypt, Turkey and Tunisia were abolished in connection with the liquidation of the Sharia court.
Early islam
During this period, a harmonious judicial system has not yet been developed. Theoretically, everything was done in the name of Allah. In practice, all disputes were considered by Muhammad. He was the only spiritual judge among Muslims. The Prophet did not practice appointments to posts 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 in the resolution of disputes on the Koran. Thus, the justice system remained without any significant changes. In the event that the opinion of the Prophet and predecessors was not on any issue, the caliphs consulted with their associates. At the same time, new rules were formulated.
Caliphs served as supreme judge. Moreover, most cases on their behalf were considered by the governors. And they, in turn, partially delegated judicial functions to individual representatives of the clergy, who perfectly possessed Muslim law. Over time, these people began to conduct business professionally. So there appeared spiritual judges among Muslims - Kadi.
Abbasid justice system
In the period 750-1258. in the Caliphate, the post of kadi al-kudata became of great importance. This supreme judge had special responsibilities. Spiritual judges from Muslims were selected for them. The Supreme Kadi also controlled their activities. He examined applicants for knowledge of Muslim law before taking office.
In those days, judges lacked an effective enforcement apparatus. It depended on the consent of the governor and the shurt (police). If the decision of the qadi was not recognized as a caliph, the judge should have resigned. Often there were situations when the cadi could not resist the arbitrariness of officials. And then many complained to the caliph. The ruler gradually began to assign this function to specially selected judges. So there was an independent "Complaints Office."
Who had the right to be Cadi
Spiritual judges were elected from among adult Muslims who were free from slavery, fair, sane, and did not have any physical handicaps. Kadi strictly adhered to the moral and religious precepts of Islam. Moreover, they had a high degree of knowledge of the Arabic language. Kadi received a diploma from the caliph, which was announced in the mosques of his district.
Duties
Ecclesiastical judges had mobile limits of jurisprudence. Initially, they were allowed to consider only family and civil disputes. Over time, the assigned responsibilities have grown significantly. Kadi began to consider disputes of all kinds. This could be the protection of reputation and claims against unscrupulous debtors, the definition of a crime related to robbery and theft, adultery, etc. The Cadi was also competent to resolve issues 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 supervised the execution of his decisions, formalized both marriages and divorces, and also supervised the prisons.
What was forbidden cadi
The Muslim Muslim spiritual judge had no right to accept gifts from people. If this happened, then he was obliged to turn them over to the general treasury. It was forbidden for Kadi to consider a case that directly concerned his or his relatives. He was not allowed to conduct a trial if he was distracted by hunger or illness, drowsiness or sorrow, heat or cold.
Sources of law
When considering the case, the Kadi was obliged to be guided by the Muslim holy book - the Koran, which contains
I am the sermon and speech of Muhammad. If nothing was said about the decision of any particular case, then the qadi took the Sunna. This book is a collection of sacred traditions that narrate the life and behavior of the Prophet. If there was no answer and in it, the judge had to turn to sources that were developed in law schools.
The case was always heard in the presence of two parties. At the same time, the cadi was obliged to meet equally, as well as to seat those who led the lawsuit. Only after that the plaintiff stated the claim. After listening to him, Kadi invited the defendant to recognize the validity of the claims. His it happened, then the case ceased. The case was won by the plaintiff in the event that he could present evidence. Otherwise, the defendant had to swear his innocence.