The Censor System
It means a group of people that performs the obligation of spreading goodness and stopping evils with the permission of a Muslim ruler. It stops fraud in the market and analyses the accounts. It goes to the shops, bakeries and companies and examines its products. Similarly, it also attends the gatherings of happiness and sadness so that it can stop people from evils. It fights against usury and demands that loans be paid. It enjoins people to offer five daily prayers and so on. In short, the post of the muhtasib (censor) is one of the important posts required very much by the society. It manages people’s affairs and protects their rights for the sake of pleasure of Allah (Ta’ala) and His Messenger (ﷺ).
Crimes court: This system is a magnificent introduction of Islamic Judicial System. This system has been designed to enable justice system work in all circumstances. Sometimes the Judge is unable to deliver his decree, for example the case is related to an influential person against whom the decree of the Judge is not-executable, the Judge will refer the case to the Governor of Crimes (the governor demanding for rights of the oppressed) who will then snatch the rights from the oppressor and hand it over to the oppressed. Therefore, the advocate of crimes must be a commanding personality, pious and have extensive knowledge.
The Court of Crimes progressed a lot after its inception. Many a times the caliphs would also be the governors of oppressions. It was a common phenomenon during the guided caliphs, the Umayyad caliphs and the Abbasid caliphs. A narration is related that the caliph Mamun was one day sitting in the Court of Oppressions. At the last a lady comes in and salutes the Amir all-Mumineen. Mamun returns her salutation and asks her to narrate her case. She told him, “Your son has usurped my land.” Mamun fixes an appointment for her and the defendant. At the appointment the lady and the defendant, son of Mamun, attended. The lady started crying loudly whereupon the minster of Mamun, Fadl requested her to lower her voice as she was speaking to the son of Amir-ul-Mumineen. Mamun said to his minister, “Don’t say anything. The right is speaking and the wrong is silent.” After hearing the case, Mamun ordered the land be returned back to the woman and put his son in prison. So, the system of oppressions had an important role in containing the cruelties, establishing justice and imposing the Shari’ah upon people. The system did its course and fulfilled the demand of the Shari’ah even though the person was very strong.
Legislation in the present and the future and judiciary:
With the passage of the time the scholars have deduced the orders and Shari’ah commandments from the Qur’an and the Sunnah. But in the present age, Muslims, due to their lack in knowledge, have been adopting the western principles. While the western laws have failed in solving the problems completely. As a result, the vices and destruction are common; cruelty everywhere; people find it difficult to demand for their rights and complain against the oppression in the courts. The judicial process is too slow and complicated which result into delayed decisions. The decisions are not issued at the pace practically done in the Islamic courts. The advocates have started possessing a dead consciousness. Their hearts are devoid of fear of Allah. They have expertise in complicating the laws. With the help of the shortcomings in the existing laws, they reverse the facts. On the other hand, due to the decrees being delayed, people have to spend a lot. The rightful person is not getting his rights nor are the sinful punished for their sins. The justice system has been suffocated and the lives are destroyed.