In an Islamic law court only one judge is responsible for any trial. He has the authority to pronounce judgements based on the Qur’an and Sunnah. Other judges may only advise or assist, if requested to do so by the presiding judge.

Islamic punishments can only be administered when the evidence is proven to be definite and all relevant conditions are met (for example four witnesses to prove adultery). If there is any doubt over the evidence the whole case is thrown out.

There are three types of judge in Islam :

1) Qadi ‘Aam - responsible for settling disputes among the people, e.g. everyday issues over land, car crashes, accidents etc.

2) Qadi Muhtasib - Responsible for resolving disputes that arise between the Ummah and any people who harm the society at large, e.g. shouting in the streets, cheating in the market etc.

3) Qadi Madhaalim - who deals with disputes between the people and the State officials. He can dismiss any ruler or government official, including the Khaleefah.

The second Khaleefah ‘Umar ibn al-Khattab (Amir of the Muslims between 634-644 CE) was the first to set up jails and prisons in Makkah.

Under the Judicial System, every person, Muslim or non-Muslim, male or female, defendant and accused has the right to appoint a representative or proxy.

There is no distinction between civil and criminal courts as we see today in Muslim countries, e.g. Pakistan where both parts of Islam and parts of kufr are applied. The Islamic State will only use the sources of Islamic law, i.e. the Qur’an and the Sunnah (and whatever derives from them), as its reference.

Islamic punishments will be executed without delay or hesitation. No-one is to be punished except by a rule of court. In addition, any means of torture is not permissible.

Under the Islamic system a person aggrieved of a crime has the right to forgive the accused or demand compensation (i.e. qisas) for a crime - except for hadud laws, which are the right of Allah (swt).

The Islamic punishment of hand-cutting only applies if seven conditions are fulfilled. These are :

1) Two witnesses (with no contradiction or error in their testimonies)

2) The value of the stolen goods must exceed 1/4 of a dinar in value (4.25g of gold)

3) Cannot be food (if the thief was hungry)

4) Cannot be from the thief’s family

5) Goods must be halal in nature (e.g. not alcohol)

6) Must be stolen from a secure place

7) Must be no doubt on the goods (i.e. the thief definitely has no right over it, e.g. money from the public treasury)

Throughout the entire 1300 years of Islamic rule only around 200 people had their hand cut off for theft.

Any person has the right to take the leader to court, speak to him or criticise him if he has done any transgressions towards him or her. This was the case when a woman in the time of ‘Umar ibn al-Khattab corrected him over a mistake he made about the value of the dowry.

The honour of a citizen is a sacred trust upon the Ummah. The punishment for accusing another Muslim of being unchaste without producing four witnesses to substantiate the claim is 80 lashes.

There are four categories of punishment in the Islamic Judicial System:

1. Hadud - The right of Allah (swt), e.g. fornication (100 lashes), apostasy (death).
2. Al-Jynayaat - The right of the individual. He/she may forgive the criminal, e.g. murder, bodily harm.
3. Al-Ta‘azir - The right of the community - those issues that affect the every day life of the general public, e.g. littering, cheating in the market.
4. Al-Mukhalafat - The right of the State - issues affecting the running of the State, e.g. breaking the speed limit.