THE CRITICISMS OF IBN KHALDÛN, THE MALIKI QADI, ON THE INSTITUTION OF JURISDICTION AND THE JUSTICE ETHICS IN THE 14th CENTURY

Abstract

Ibn Khaldûn was an alfaquin who came from an elite family and was raised by taking lessons from the most important scholars of his time. Moreover, he reached the competence of the office of qadi with a multifaceted education including mental sciences such as philosophy and logic as well as various religious sciences such as the Qur'an, hadith, fiqh, fiqh procedure and kalam. As a result of these sciences, he has produced original works by both applying and observing the professions he has acquired, and in this sense, he is one of the high personalities of the Islamic world. In his work called the Muqaddimah, he introduced various professionals of the period he lived in and described their tasks and he also frequently discussed about qadis and alfaquis; he reveals his critics from various aspects including the problems of professional ethics. In this study, the errors he identified in the conduct of the cases in the context of the relationship between the judiciary and politics from the work of Muqaddimah is emphasized primarily, then his thoughts on the problems of judicial ethics regarding the qadis and faqihs are emphasized, and the ethical reasons and the interpretations of the institution of Qadi are focused finally. Since he himself has been a qadi six times and has died as a head of the Maliki sect, his ideas are also analyzed from his biography in which he describes his experience as a qadi. Thus, it is revealed that the thinking system of Ibn Khaldûn which was assumed by the researchers of Ibn Khaldûn was not centered on ethical concerns; the most fundamental ethical concern in the field of law as an alternative approach to claims that it constructs politics and law "based on power".