Comparative Study of Administration of Justice in West and in Islam

Abstract

Administration of justice means management of the judicial system. The objective of it is to guarantee the individuals freedom and to give protection to their rights. A person dejected from all sides knocks at the door of justice; hence the acquisition of justice is the natural desire of a human being. If he is returned even from that door the very purpose of establishment of the state is defeated. It is due to the significance of justice that during the various periods of history no ruler could deny the importance of it. The only reason behind it was that it was the judiciary of the time that guaranteed and protected the rights of the people. Where the government exceeded the limits of its powers and interfered in their lawful rights and freedom it was the Judiciary that came to the rescue of the oppressed subjects. Judiciary is supreme over executive and legislature in the sense that the laws however ideal and good those may be, and the executive however honest and efficient may be, the disputes do arise among the people and until those are not determined and decided correctly and the right owner is not provided his due right, the peace cannot come in the society. Thus justice is prior to peace. A country may survive even in the presence of the worst and harshest laws but it cannot where there is no justice. Legislature makes laws with the intention that Judiciary should decide accordingly. Executive has the power and force to make the people abide by the decisions of the Judiciary. Advancement and progress of every society depends upon the good administration of justice. Where administration of justice is destroyed the society perishes in no time. To maintain internal peace and defend against external aggression are the two main functions of a state in the modern sense. Internal peace requires the rights guaranteed by law are fully protected. If there is any violation there must be an arrangement where the complainant may go and seek his remedy. To provide justice to its citizens is the basic responsibility of the State. And to achieve this and practically each state is to establish institutions to run its affairs. And one such institution is Judiciary. It is established to administer justice among the people.