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aub_admin April 02, 2006 25 Views

Dispensation of Justice in the East and the West: A Historical Islamic Perspective

Distinguished Scholar & Founder

Professor Dr. Abul Hasan M. Sadeq
Founder & Founder Vice Chancellor
Asian University of Bangladesh (AUB)

Publication Info

Book: Dispensation of Justice in the East and the West
Editors: Ahmed Farid & Niaz Ahmed Khan
Publisher: Renaissance Foundation for HRM (2006)

Comparative Legal Philosophy

In this scholarly contribution, Professor Dr. Abul Hasan M. Sadeq moves into the realm of legal history and philosophy. He examines the evolution of justice systems, contrasting the secular developments in the West with the Divine-based jurisprudence (Shari'ah) in the East, specifically within Islamic history.

The research identifies several foundational pillars of the Islamic judicial perspective:
  • Independence of the Judiciary: Highlighting historical precedents where the Qadi (judge) held authority even over the Caliph, ensuring that the rule of law transcended political power.
  • Equity and Impartiality: Discussing the Islamic mandate for absolute justice (Adl), which prohibits bias based on race, religion, or social status.
  • Comparative Evolution: Contrasting the Western focus on procedural justice and common law with the Islamic focus on substantive justice and moral accountability.
  • The Goal of Justice: Arguing that in the Islamic tradition, the dispensation of justice is a spiritual obligation (Amanah) aimed at protecting the Maqasid al-Shari'ah (life, intellect, faith, lineage, and property).
Professor Sadeq concludes that while Western systems have made significant strides in institutional efficiency, the historical Islamic perspective offers a profound ethical framework that ensures justice remains accessible and morally grounded.
Core Concepts: Legal Philosophy, Islamic Jurisprudence, Comparative Justice, Rule of Law, Adl, Historical Perspective, AUB.